Court dismisses Eaton’s claims involving Peters, DeLaughter
by MBJ Staff
Published: November 25,2013
JACKSON — The Supreme Court of Mississippi, in a unanimous en banc decision, has affirmed the dismissal with prejudice of all of Eaton’s claims against the Triumph Group Inc, its subsidiary, Triumph Actuation Systems LLC and certain employees, according to Triumph.
In upholding the dismissal, the Court concluded that the evidence clearly and convincingly showed that Eaton knew that its outside counsel, Ed Peters, had engaged in improper ex parte communication on Eaton’s behalf with the then presiding Mississippi state trial court judge Bobby DeLaughter, Triumph said. The Supreme Court also affirmed the previously imposed $1,560,642.83 sanction against Eaton and certain of its attorneys for intentional discovery violations in the course of the same litigation.
Triumph’s counterclaims against Eaton in the Mississippi state court case remain pending, as does an antitrust suit brought by Triumph against Eaton in federal court in North Carolina.
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