North Carolina Business Litigation Report

Levy Investments v. James River Group, Inc., September 19, 2007 (Tennille)(unpublished)

There were parallel actions challenging a merger, one in Delaware and one, filed first, in North Carolina. Defendant filed a motion to stay the North Carolina action. The Court identified twelve factors it would consider in such situations, including whether the issues should be settled in the corporation's state of incorporation, the convenience of parties and witnesses, and the significance, if any, of the first to file. The Court stayed the North Carolina action pending the Delaware Court's consideration of a proposed settlement.

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Mack Sperling
Brooks Pierce, LLP
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