NCPPR v. United Airlines: Choice of Law and Books and Records Inspections

Why Illinois law would have applied to a books and records suit against a Delaware corporation

In yesterday’s post, I discussed the National Center for Public Policy Research (NCPPR) lawsuit against United Airlines. NCPPR asked the U.S. District Court for Northern Illinois to compel United to produce for inspection a variety of internal corporate documents related to the airline’s decision to suspect flights between Newark and Tel Aviv.

United is a Delaware corporation, so one might have thought NCPPR would have brought suit under the pertinent provision of the Delaware General Corporation Law (DGCL); namely, § 220. Instead, NCPPR sued under § 7.75 of the Illinois Business Corporation Act. In yesterday’s post, I took up the question of why they did do so. In this post, I’ll talk about why they could so.