219 results for 'cat:"Venue"'.
J. Countiss finds that the trial court improperly entered a $222 million judgment favor of the widow of a worker killed in a steam accident at a coal-fired power plant in Kansas. The jury's damages award was excessive and the result of improper arguments the widow's attorney made encouraging the jury to punish the industrial services provider, which had serviced the plant's relief valves. Furthermore, the trial court improperly applied Texas law, instead of Kansas law, when finding that the provider was 100% responsible for the damages. Also, the case belongs in Kansas, so the jury award is vacated and the case dismissed for forum non conveniens. Vacated.
Court: Texas Court of Criminal Appeals, Judge: Countiss, Filed On: May 16, 2024, Case #: 01-22-00313-CV, Categories: Damages, Wrongful Death, venue
J. Gray finds that the lower court improperly dismissed a divorce proceeding on the grounds of forum non conveniens. There was not enough on the record to support the finding that Wyoming is not the proper forum. The wife has not changed her Wyoming residency status and has significant connections to the local community. Reversed.
Court: Wyoming Supreme Court, Judge: Gray, Filed On: May 16, 2024, Case #: S-23-0206, Categories: Family Law, venue
J. Stargel finds that the trial court improperly dismissed this case, an insurance action to recover unpaid attorney fees, for improper venue. The law firms allege that the venue was proper because there were multiple cases of action in the complaint accrued there, but the trial court had dismissed the action based on principle of priority. The law firms were not the ones to initiate the previous case and the charging lien had been withdrawn before the dismissal in the present case. Therefore, the trial court did not properly analyze the propriety of the venue choice and this case is to be remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Stargel, Filed On: May 10, 2024, Case #: 6D23-1384, Categories: Insurance, venue, Attorney Fees
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J. Trauger transfers this action to the Middle District of Florida based on the pro se plaintiff's place of residence. The complaint, which was filed against Sean "P. Diddy" Combs and other entertainment entities, fails to show a connection to the Middle District of Tennessee. Accordingly, the court concludes that venue is improper.
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: May 3, 2024, Case #: 3:24cv158, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Civil Procedure, venue
Per curiam, the Texas Supreme Court grants a petition for mandamus relief filed by an oil company that sought to dismiss a wrongful death lawsuit filed by the family of a former employee who died due to a metastasized growth in his kidney. The growth was first discovered during a medical examination mandated by the company in Egypt, but the former employee only learned about its existence a year later. Reviewing the case against the statutory forum non convenien factors, it can be concluded that Egypt is the appropriate venue for the family to pursue their claims.
Court: Texas Supreme Court, Judge: Per curiam, Filed On: April 26, 2024, Case #: 22-1014, Categories: Wrongful Death, venue
J. Pulliam denies a franchisee’s motion to dismiss after he and his company were sued by a franchisor in a contract dispute. While that franchisee argues that this court lacks jurisdiction, he is “closely related to the dispute” and therefore “bound by the forum selection clause contained within the Franchise Agreement,” which specifies that either the Western District of Texas or Travis County state court will be the forum for any contract disputes.
Court: USDC Western District of Texas , Judge: Pulliam, Filed On: April 25, 2024, Case #: 5:23cv1531, NOS: Other Contract - Contract, Categories: Jurisdiction, venue, Contract
J. Anderson grants, in part, attorney fees, interest and conditional appeals fees to a company that filed a breach of contract claim in state court but then filed a motion to dismiss to file a new claim in federal court in which the company prevailed. The attorney fees and interest are not recoverable for the case in the state court because of the defendant’s LLC status, but the fees are recoverable in federal court. The requests for fees pertaining to the federal case are granted in full.
Court: USDC Southern District of Texas, Judge: Anderson, Filed On: April 23, 2024, Case #: 3:21cv298, NOS: Other Contract - Contract, Categories: Civil Procedure, venue, Attorney Fees
J. Hurson grants the U.S. Bureau of Labor Statistics and its employees’ motion to dismiss this employment dispute brought by a former economist alleging discrimination claims. She alleges that her probationary period should have been switched to permanent employment was the reason for discrimination and retaliation. The bureau argues the complaint should be dismissed for improper venue, her new claims are not exhausted and are untimely. It would be unjustified to transfer this late filed case to another district and it should not be drawn out in proceedings.
Court: USDC Maryland, Judge: Hurson, Filed On: April 22, 2024, Case #: 8:21cv3282, NOS: Employment - Civil Rights, Categories: venue, Employment Discrimination, Employment Retaliation
J. Garaufis denies a motion to remand to state court a complaint against T-Mobile which alleges two employees stole $32,000 from a customer’s Coinbase account after stealing his personal information stored on his SIM card. The court finds the customer’s proposed settlement seeking a six-figure amount establishes the court’s jurisdiction.
Court: USDC Eastern District of New York, Judge: Garaufis, Filed On: April 19, 2024, Case #: 1:23cv5206, NOS: Other Contract - Contract, Categories: venue
J. Kahn declines to dismiss on jurisdictional grounds a breach of contract complaint against a California-based security services company, who was sued by a consultant for allegedly failing to pay him his 5% commission fee for helping with the sale of its company. The company waived its right to challenge the consultancy agreement’s forum selection clause designating New York courts as the preferred venue.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 11, 2024, Case #: 1:23cv1408, NOS: Other Contract - Contract, Categories: Jurisdiction, venue, Contract
J. Rochon affirms a magistrate judge's order to transfer venue of this breach of contract suit to New Jersey. The plaintiff supermarket alleges the defendant supermarket used its influence as a member of a grocery co-op to induce the co-op to breach its agreement to supply the plaintiff supermarket with private-label groceries. The supply agreement contains a New Jersey choice-of-forum clause, and a non-signatory may enforce that agreement given that the co-op is an integral party to resolution of this dispute.
Court: USDC Southern District of New York, Judge: Rochon, Filed On: April 11, 2024, Case #: 1:22cv7996, NOS: Other Contract - Contract, Categories: Interference With Contract, venue, Contract
J. Frank denies the guarantor's motion to dismiss the lender's suit against him for forum non conveniens or a stay pending resolution of another action in California. The parties' agreement includes a valid forum-selection clause, and it is unclear whether the financing involved in the California case are related to the loan at issue here. Public-interest factors have not been shown to sufficiently support dismissal, and it is unlikely that the California action will dispose of any of this case's issues.
Court: USDC Minnesota, Judge: Frank, Filed On: April 9, 2024, Case #: 0:23cv2244, NOS: Other Contract - Contract, Categories: venue, Contract
J. Clement finds the lower court properly dismissed this matter concerning the transfer of business ownership. The parties are two of four members of a LLC. Two of the members sold their membership interest to a third member, giving him three-fourths ownership. The fourth member argues that the three-fourths owner was to transfer an interest portion of the sale to him, but instead transferred it to the three-fourths owner's his wife. The lower court finds that pursuant to the LLC Agreement, any claims concerning the LLC must be heard in Oconee County, Georgia, where the company is registered. Affirmed.
Court: Tennessee Court of Appeals, Judge: Clement, Filed On: April 5, 2024, Case #: M2022-01640-COA-R3-CV, Categories: venue, Business Practices
J. Mikva finds that the lower court properly denied the hospital's motion to transfer venue in this medical malpractice case. While the patient lives in Will County, substantial deference is due to his choice of forum in Cook County where he received extensive inpatient and outpatient care. Affirmed.
Court: Illinois Appellate Court, Judge: Mikva, Filed On: March 29, 2024, Case #: 231120, Categories: venue, Medical Malpractice
J. Peterson grants the transportation broker and solar panel supplier's motion to dismiss or transfer the shipping company's lawsuit over issues with two shipments of solar panels, one of which was the result of fraud by an impostor who hacked the company's electronic credentials. In part because the record does not show that the Arizona-based supplier has sufficient business contacts with Wisconsin such that jurisdiction has been established, the case is transferred to the proper venue at the U.S. District Court for the Southern District of Ohio.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: March 29, 2024, Case #: 3:23cv356, NOS: Other Contract - Contract, Categories: Jurisdiction, venue, Contract
J. Goodwin denies the Georgia company's dismissal motion in this breach of contract lawsuit brought by an Oklahoma company. The plaintiff company has established a prima facie case for personal jurisdiction, based on the parties' continuing business relationship. Additionally, the arguments presented by the Georgia company do not support a transfer to the Northern District of Georgia.
Court: USDC Western District of Oklahoma , Judge: Goodwin, Filed On: March 29, 2024, Case #: 5:22cv200, NOS: Other Contract - Contract, Categories: Jurisdiction, venue, Contract
J. Marutollo transfers a Brazilian pharmaceutical company’s fraud complaint to the Central District of California, finding the venue change proper after discovering the previously unknown defendants’ were found to be based in Southern California. The complaint alleges several California residents and corporate entities opened a Chase bank account in its name at a branch outside Anaheim and engaged in computer fraud to steal $188,00 from the company.
Court: USDC Eastern District of New York, Judge: Marutollo, Filed On: March 29, 2024, Case #: 1:23cv3429, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, venue
J. Chang grants a Ford customer’s motion to consolidate his proposed consumer class action with another similar suit, but also grants Ford’s motion to transfer this case to the Eastern District of Michigan. The customer alleges Ford knowingly sold vehicles with faulty backup cameras, and that even following a recall, his own vehicle’s camera remained unrepaired. The court finds this case and another are sufficiently similar to warrant consolidation, but that Michigan, as the district where the cameras were manufactured, is the more appropriate venue.
Court: USDC Northern District of Illinois, Judge: Chang, Filed On: March 28, 2024, Case #: 1:23cv14027, NOS: Contract Product Liability - Contract, Categories: Product Liability, venue, Class Action