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NATIONAL IND. GROUP v. CARLYLE INV. MGMT.

No. 596, 2012.

67 A.3d 373 (2013)

NATIONAL INDUSTRIES GROUP (HOLDING), Defendant Below, Appellant, v. CARLYLE INVESTMENT MANAGEMENT L.L.C. and TC Group, L.L.C., Plaintiffs Below, Appellees.

Supreme Court of Delaware.

Decided: May 29, 2013.

Attorney(s) appearing for the Case

Michael F. Bonkowski, Esquire (argued) and Therese Scheuer, Esquire , Cole, Schotz, Meisel, Forman & Leonard, P.A., Wilmington, Delaware, for appellant.

R. Judson Scaggs, Jr., Esquire and Angela C. Whitesell, Esquire , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware, and Robert A. Van Kirk, Esquire (argued), David S. Kurtzer-Ellenbogen, Esquire and Brian C. Rabbitt, Esquire , Williams & Connolly LLP, Washington, DC, for appellees.

Before STEELE, Chief Justice, HOLLAND, BERGER, JACOBS and RIDGELY, Justices, constituting the Court en Banc.

HOLLAND, Justice:

Carlyle Investment Management L.L.C. ("CIM") and TC Group, L.L.C. ("TC Group" and, together with CIM, "Plaintiffs" or "Carlyle") initiated this action by filing a Verified Complaint on May 28, 2010 (the "Carlyle Complaint"), against the defendant-appellant, National Industries Group (Holding) ("NIG" or "Defendant"). The Carlyle Complaint is an anti-suit injunction action. It seeks a declaratory judgment to enforce the terms of, and particularly a...

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