Mark E. Felger, left, and Kaan Ekiner, right, of Cozen O'Connor. Courtesy photos Chancery Stays Action Pending Resolution of a Motion to Dismiss in a First-Filed Action to Which the Defendant Is Not a Party
Prior to initiating the Delaware Chancery Court action, Eastern Wholesale sued one of Hudson's affiliates—but not Hudson—in North Carolina. Shortly after the filing of the Chancery action, Hudson moved to dismiss or stay. And due to potential overlapping legal and factual issues, Chancellor Kathaleen St. J. McCormick entered a stay.
November 06, 2024 at 08:00 AM
5 minute read
In Eastern Wholesale Fence v. Hudson, 2024 WL 3757835 (Del. Ch. Aug. 12, 2024), plaintiff Eastern Wholesale Fence LLC alleged that defendant Damien Hudson breached certain restrictive covenants arising out of the sale of a business. Prior to initiating the Delaware Chancery Court action, Eastern Wholesale sued one of Hudson's affiliates—but not Hudson—in North Carolina. Shortly after the filing of the Chancery action, Hudson moved to dismiss or stay. And due to potential overlapping legal and factual issues, Chancellor Kathaleen St. J. McCormick entered a stay.
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