Case is dismissed due to first-filed Texas action naming incorrect affiliate

Posted on June 24, 2008 by MorrisJames Delaware

Remy Inc., et al. v. CIF Licensing, et al., C.A. No. 06-785- (GMS/MPT), June 9, 2008.

Thynge, M.J.  Defendant’s motion to dismiss due to pending litigation first filed in Texas is granted.


Defendants first brought an action in Texas wrongly naming affiliates of Remy.  The named Remy affiliates moved to dismiss in Texas on the same day that this declaratory judgment action was filed in Delaware.  The Court finds that the Texas action is the “first-filed” action as the amended complaint naming the correct Remy affiliate relates back to the filing of the first complaint.  Given the weight this circuit gives to plaintiff’s choice of forum, the court declines to depart from the first-filed rule.

A full copy of the opinion is available here.
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