RockTenn CP, LLC v. BE & K Engineering Co.

STRINE, Chief Justice:

The appellants raise a novel issue for the first time on appeal. They claim that a trial court, in considering whether to grant an injunction against a litigant pressing claims in another forum in arguable violation of an exclusive forum provision, may not consider factual statements made by the defendant in pleadings and affidavits in that simultaneously pending litigation as binding judicial admissions. The appellants bring this argument even though they have not retracted those statements, and, in fact, repeated many of them to the trial court. This is an interesting…