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by vmception 1900 days ago
Wyoming has had a Court of Chancery for several years now too

They and any state could always lean on Delaware case law

And if you don't like Delaware established precedent then you can argue for the opposite in any other state (like Wyoming) where the judges are less bound to the established case law

Delaware is overrated

The race to the bottom never ended and is much larger than a collection of states, it is international with many permutations and many legislatures interested in attracting business, because they're a business too

2 comments

> And if you don't like Delaware established precedent then you can argue for the opposite in any other state (like Wyoming) where the judges are less bound to the established case law

That's the opposite of what you want.

Not if you don't like the established case law and want to argue for a completely different outcome. Which is just me saying the exact same thing a second time. Let's see if we get to a third rehash of this optional preference.
You do not want, at the same time, a jurisdiction that leans on well-established case law, but also does whatever the heck it wants because you're arguing for it. Not unless you're in a privileged position to influence the court in a way that anyone coming up against you can't, anyway.
There are a lot of things I don't like about Delaware decisions

I could play this game for the next 300 years before people catch on or fundamentally change anything about the nation state/jurisdiction/case law concept

Play stupid games, win stupid prizes?
I have no legal background, so I could be wrong, but I would think that in both DE and WY the established precedent is overturnable, given the strength of your argument. If that's so, then it seems like the preference for WY is that you don't need as solid an argument.

But rarely do businesses know which precedents they'll want to challenge at incorporation time, so it's advantageous to go with the state that is the most predictable and whose court system is relatively efficient.

> so it's advantageous to go with the state that is the most predictable and whose court system is relatively efficient.

protip: that doesn't require original incorporation in that state. delaware is overrated, QED.