219 results for 'cat:"Venue"'.
J. Leeson grants UGI’s motion to remand this adverse employment case, originally filed in state court, for lack of proper venue. The federal removal statute requires the court to remand any case where doubt exists as to whether the removal was proper, and doubt exists here.
Court: USDC Eastern District of Pennsylvania, Judge: Leeson, Filed On: October 26, 2023, Case #: 5:23cv3169, NOS: Employment - Civil Rights, Categories: Employment, venue, Contract
J. Simmons dismisses beer company Soltura's trademark and trade dress complaint alleging that images and phrases used on competitor Cerveceria La Tropical's Tropi Crystal beer cans infringe on the design of Soltura's Palma beer cans. The Tropi Crystal beer was never sold or marketed in California and there is no evidence that consumer confusion occurred in California, so the venue is improper.
Court: USDC Southern District of California, Judge: Simmons, Filed On: October 20, 2023, Case #: 3:23cv1104, NOS: Trademark - Property Rights, Categories: Trademark, venue
J. Ross dismisses, for lack of subject matter jurisdiction, a lawsuit alleging breach of contract, embezzlement and fraud claims against a Chinese national stemming from an investment to help finance the purchase of a shopping center located in Florida. The court adds to the complaint the LLC overseeing the purchase, finding it a necessary and indispensable party, but in doing so destroys diversity between parties.
Court: USDC Eastern District of New York, Judge: Ross, Filed On: October 20, 2023, Case #: 1:23cv2787, NOS: Stockholders’ Suits - Contract, Categories: Fraud, Jurisdiction, venue
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J. Pedersen finds that the lower court improperly denied the airline appellants' motion to transfer venue in this case alleging discrimination and breach of contract after a family was allegedly removed from a flight. The appellants presented evidence that the incident took place in Tarrant County, as opposed to Dallas County. Accordingly, the case is remanded for the lower court to transfer the case to Tarrant County. Reversed.
Court: Texas Courts of Appeals, Judge: Pedersen, Filed On: October 18, 2023, Case #: 05-23-00621-CV, Categories: Transportation, venue, Contract
J. Garry finds that the lower court properly denied plaintiff default judgment on civil rights claims brought against prison officials. Negligence, tort, and medical malpractice claims were not viable against two officials, and first and eighth amendment claims brought against three others were deemed premature pending a traverse hearing. Meanwhile, the change in venue did not constitute an abuse of discretion. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: October 12, 2023, Case #: 534567, Categories: venue, Medical Malpractice, Prisoners' Rights
[Consolidated.] J. DuBow finds that the lower court abused its discretion in transferring these personal injury cases stemming from UPS and FedEx trucksˆ deadly collision with a passenger bus. The lower court transferred the case from Philadelphia County to the Westmoreland County Court of Common Pleas in order to better accommodate witnesses — but failed first to find that these witnesses possessed testimony relevant to the mail companies’ defenses. Vacated.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: October 11, 2023, Case #: J-A14021-23, Categories: Civil Procedure, Tort, venue
J. McConnell denies the cancer treatment developer’s petition for a writ of mandamus challenging the trial court’s denial of its motion to dismiss this shareholder dispute as not complying with forum selection clauses in its certificate of incorporation. The trial court properly declined to enforce forum selection after finding that the Delaware Court of Chancery provides no right to a civil jury trial, depriving the shareholder of that right in violation of California public policy. A partial dismissal as sought by the developer would require litigation in multiple, widespread courts, creating a risk of inconsistent findings. The opinion is modified with footnotes addressing the court of appeal’s declining to address new arguments, and there is no change in the judgment.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: October 10, 2023, Case #: D081670, Categories: Judiciary, Securities, venue
J. Pechman grants the counties' emergency motion to remand their complaint, which alleges that the Washington State Department of Social and Health Services violated state law by refusing to admit individuals for court-ordered civil commitment evaluations, to the Pierce County Superior Court. DSHS argues that the counties' case should remain in federal court because it will touch on the constitutional rights argued in the ongoing case "A.B. by & through Trueblood v. Washington State Dep’t of Soc. & Health," but DSHS does not show how the civil conversion patients in this case have the same or superior constitutional rights as the Trueblood class members.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: September 26, 2023, Case #: 3:23cv5775, NOS: Other Civil Rights - Civil Rights, Categories: Constitution, Jurisdiction, venue
J. Henry grants Hobby Lobby’s motion to transfer, to the Western District of Oklahoma, its fraud and breach of contract claims against a U.K.-based antiquities dealer claiming he sold the retailer several stolen pieces of ancient Egyptian papyri. Several factors weigh in favor of the transfer, namely the arrangements to purchase the papyri took place in Oklahoma City and the fact that Hobby Lobby’s primary witnesses are several employees living in the Oklahoma area.
Court: USDC Eastern District of New York, Judge: Henry, Filed On: September 22, 2023, Case #: 1:21cv3113, NOS: Other Contract - Contract, Categories: Fraud, venue, Contract
J. McConnell finds that the trial court properly held that the parties' right to have a jury hear their shareholder dispute would be violated if a mandatory forum selection clause were enforced. The Delaware Court of Chancery is the forum designated in the applicable certificate of incorporation, but that forum would not provide the right to a jury trial as required by the California Constitution. Affirmed.
Court: California Courts Of Appeal, Judge: McConnell, Filed On: September 21, 2023, Case #: D081670, Categories: Jury, Securities, venue
Per curiam, the circuit finds the district court properly dismissed a contract claim brought by the CEO of a software company which was acquired by the holdings corporation. The CEO says that the president of the corporation promised him a $20 million "kicker" to support the sale. The contract contains a valid clause to select a forum through which to seek enforcement of the alleged oral contract, designating the Court of Chancery of the State of Delaware. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: September 19, 2023, Case #: 21-50431, Categories: Corporations, venue, Contract
J. Grimberg grants the guarantors' motion to dismiss a breach of contract action brought by the bank arising from the guarantors' alleged default on financing agreements. The bank failed to establish personal jurisdiction over the guarantor. The bank failed to show that the guarantor's purported execution of the guaranties for the debt of companies in Georgia constitutes the transaction of business by him in Georgia. Transferring the claims to the U.S. District Court for the Western District of Oklahoma is not appropriate or in the interest of justice.
Court: USDC Northern District of Georgia, Judge: Grimberg, Filed On: September 18, 2023, Case #: 1:22cv4009, NOS: Negotiable Instrument - Contract, Categories: venue, Banking / Lending, Contract
J. Hillman transfers false adverting claims to Utah concerning promises that the SeroVital supplement would decrease body fat, heighten sex drive, improve mood, and otherwise make users feel significantly younger. While many non-party witnesses reside in New Jersey, most are located in Utah, where the company houses its "nerve center" and manufactures the supplement.
Court: USDC New Jersey, Judge: Hillman , Filed On: September 18, 2023, Case #: 1:19cv20155, NOS: Other Fraud - Torts - Personal Property, Categories: venue, False Advertising
J. Jolson grants the corporation's motion to change venue in a securities class action brought by the retirement fund from the U.S. District Court for the Southern District of Ohio to the U.S. District Court for the Northern District of Georgia. The retirement fund claims that the corporation disseminated or recklessly disregarded false and misleading statements about its positions on railway safety. The corporation's headquarters are in Atlanta and two of the executives live and work in Atlanta. The flow of information from the corporation and executives to the shareholders stems from Atlanta.
Court: USDC Northern District of Georgia, Judge: Jolson, Filed On: September 15, 2023, Case #: 1:23cv4175, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, venue, Class Action
J. Hicks dismisses this suit brought by shareholders regarding an oral contract between the corporation's board of directors that contemplated one of the director’s positions and a future stock option purchase. The claims are against the corporation’s directors, though they are masked as claims against individuals, and the corporation's certificate of incorporation contains a forum selection clause that requires the claims to be litigated in Delaware’s Court of Chancery. The shareholder fails to state a claim for relief because he does not allege facts establishing that the parties validly formed an enforceable contract.
Court: USDC Nevada, Judge: Hicks, Filed On: September 11, 2023, Case #: 3:23cv39, NOS: Stockholders’ Suits - Contract, Categories: Securities, venue, Contract
J. Albright denies Samsung's motion to transfer a case to the Northern District of California after it was sued for alleged infringement of a variety of patents on wireless devices and systems. There are more relevant witnesses located in Texas and Texas has a local interest in this litigation because the inventors of the asserted patents reside in Texas.
Court: USDC Western District of Texas , Judge: Albright, Filed On: September 11, 2023, Case #: 6:21cv701, NOS: Patent - Property Rights, Categories: Patent, venue
J. Alonso grants a collection of real estate and investment firms' motion to dismiss a pair of apartment renters' 18 claims against them, including race discrimination, extortion and multiple counts of fraud. The pair claim the firms swindled them into renting a filthy, run-down apartment, for which they charged the pair three months' rent up front. The case is dismissed for lack of jurisdiction and improper venue.
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: September 11, 2023, Case #: 1:21cv4324, NOS: Other Statutory Actions - Other Suits, Categories: Fraud, Jurisdiction, venue
J. Hall grants the city's motion to remand a trespass and continuing nuisance action against the companies back to Glynn County superior court. The action arose after the companies allegedly polluted waters and marshlands on the city's property by releasing mercury and other chemicals. The companies failed to show they were acting under a federal officer when they allegedly released the pollutants while under EPA supervision. The city's action does not state a federal question or challenge the sufficiency of the companies' remedial efforts under the Comprehensive Environmental Response, Compensation and Liability Act. The companies failed to show that the power company was fraudulently joined to defeat diversity jurisdiction.
Court: USDC Southern District of Georgia, Judge: Hall, Filed On: September 1, 2023, Case #: 2:22cv132, NOS: Other Statutory Actions - Other Suits, Categories: Environment, venue