Frisby Defendants File Two Complaints Against Eaton in Mississippi
In late January the Frisby Defendants in the Eaton v. Frisby litigation filed two Complaints against Eaton in Hinds County Circuit Court. Eaton removed the cases to federal court.
One Complaint pleads mostly state law claims that are generally based on the same underlying factual allegations as Frisby's antitrust case filed in North Carolina.
The second Complaint pleads one cause of action for conspiracy to deprive the Frisby parties of their civil rights.
Not much new here after reading the North Carolina antitrust complaint. One interesting allegation in the Complaints is in paragraph 38. This paragraph states that Frisby cannot list all of the facts that support the Complaints because the Hinds County Circuit Court file is still sealed. Eventually all the dirt will probably get aired.
Is it just me or should Eaton be looking for an exit strategy?
I have been curious throughout this as to why they haven't sued Allred or Peters.
They did sue Allred in NC, right?
Odd they didn't sue him in the MS cases, since that would've defeated diversity.
Anderson,
I think in the NC action, Peters and Allred were named as co-conspirators, but not as defendants.
Ah, you are correct, sir. Which doesn't solve the problem of Allred's Teflon coating.
I would not be suprised if the Mississippi cases get transferred to North Carolina, either on a 1404 (a) motion or on the Court's own motion.
My guess is they sued in State Court in Mississippi to prevent SOL from running on state law claims. Did not add Peters to destroy diversity bec they want it to be removed to Federal Court then transferred to NC. Such preserves the state law claims from SOL without running afoul of NC U. S. District dismissing on grounds should have filed in State Courts of Mississippi, then a claim of SOL running in Mississippi. Seems logical.
Anything new?