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IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
IN AND FOR NEW CASTLE COUNTY
COMPUTER PEOPLE, INC. >>
Plaintiff, )>
V. >>
BEST INTERNATIONAL GROUP, INC., >
a Delaware corporation, >
BEST INTERNATIONAL GROUP PLC, >
a foreign corporation, >
BEST PEOPLE LIMITED, )
a foreign corporation, >
and RAYMOND ARELLO, >
an individual, >>
Defendants. >
MEMORANDUM OPINION
Date Submitted: November 2, 1998
Date Decided: April 27,1999
David C. Weiss and Richard S. Cobb, Esquires, of DUANE, MORRIS &
HECKSCHER LLP, Wilmington, Delaware; and Michael N. Sheetz and Peter M.
Coppinger, Esquires, of GADSBY & HANNAH LLP, Boston, Massachusetts,
Attorneys for Plaintiff.
Robert J. Steam Jr., Esquire, of RICHARDS, LAYTON & FINGER, Wilmington,
Delaware; and John M. Murphy and Anthony G. Stamato, Esquires, of BAKER &
MCKENZIE, Chicago, Illinois, Attorneys for the Best Defendants.
R. Judson Scaggs, Jr. and William M. Lafferty, Esquires, of MORRIS, NICHOLS,
ARSHT & TUNNELL, Wilmington, Delaware; and Bruce L. Atkins and Christine
M. Stevenson, Esquires, of CONTANT, SCHERBY & ATKINS, Hackensack, New
Jersey, Attorneys for Defendant Raymond Are110
JACOBS, VICE CHANCELLOR
i
ia
In this action, the plaintiff, Computer People, Inc. ("Computer People" or
"the company"), claims that the defendants have engaged in a conspiracy to
SNIPPETS:
IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
BEST INTERNATIONAL GROUP PLC,>
David C. Weiss and Richard S. Cobb, Esquires, of DUANE, MORRIS & HECKSCHER LLP, Wilmington,
Robert J. Steam Jr., Esquire, of RICHARDS, LAYTON & FINGER, Wilmington, Delaware; and John M.
In this action, the plaintiff, Computer People, Inc. ("Computer People" or
claims that the defendants have engaged in a conspiracy to
and Raymond Are110,
Jersey resident.
The defendants other than Best USA have moved to dismiss the complaint
as to them under Court of Chancery Rule 12for lack of personal jurisdiction.
People employees are also required to include non-competition provisions in their
employment agreements.
Originally hired as the New York branch manager,
branch office; and in that role he had frequent contacts in Delaware with Michael
The pertinent provisions of Delaware's Long Arm Statute,
Causes tortious injury in the State by an act or omission in this
Subsection, on the other hand, creates "general"
established under a conxnon law "conspiracy theory."
that either occurred or had a substantial effect in Delaware is attributed to a
and the incorporation of Best USA in Delaware.
support personal jurisdiction under the conspiracy theory.
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