39 results for 'cat:"Jurisdiction" AND cat:"Venue"'.
J. Kim allows the employee to proceed with some of her claims in her complaint alleging that the transportation company, which is located in South Carolina, hired her with promises that her driving routes would begin in California and end in California, but then fired her while she was out-of-state without paying out her final wages. The court has jurisdiction over the employee's failure to pay final wages and failure to reimburse claims because the employee was hired in California and started her work in California. However, her wrongful termination claim is dismissed because she was fired in South Carolina.
Court: USDC Eastern District of California, Judge: Kim, Filed On: September 16, 2024, Case #: 2:24cv1751, NOS: Employment - Civil Rights, Categories: Employment, jurisdiction, venue
J. Broomes declines to dismiss part of a breach of contract case, bifurcates the case and transfers part of the case to the Northern District of Texas. A customer, who resides in Kansas, is suing an RV retailer, located in Texas, and an RV manufacturer, located in Indiana, claiming an RV she purchased was defective. This court already determined it lacks personal jurisdiction over the RV retailer. This court has personal jurisdiction over the RV manufacturer, as it indirectly sells RVs to customers in Kansas through dealerships and provides warranty repairs in Kansas, so the claims against the manufacturer are not dismissed. The customer’s motions to bifurcate the case and transfer her claims against the RV retailer to the Northern District of Texas are granted, as that is where the customer purchased the RV.
Court: USDC Kansas, Judge: Broomes, Filed On: September 13, 2024, Case #: 3:24cv2332, NOS: Other Contract - Contract, Categories: jurisdiction, venue, Contract
J. Payne grants the sheriff's motion to transfer the venue of a lawsuit that stems from a patrol deputy kidnapping a teenage girl and killing three of her family members. The girl filed suit for negligent hiring in the Eastern District of Virginia because it contains the state police headquarters, but the hiring process took place in the Western District of Virginia, making it the more appropriate venue.
Court: USDC Eastern District of Virginia, Judge: Payne, Filed On: August 15, 2024, Case #: 3:24cv76, NOS: Other Personal Injury - Torts - Personal Injury, Categories: jurisdiction, venue, Police Misconduct
J. Bell grants a construction crane sales and rental business’s motion to dismiss for a lack of personal jurisdiction and improper venue after an insurer sued it following a third party’s fraudulent handling of equipment sales on the business’s behalf. When the business learned of the fraud, it filed a claim with the company for over $38 million, which the company denied. The company then filed suit seeking a declaratory judgment to affirm its decision to deny coverage. However, this court does not have personal jurisdiction over the business since it is not commercially active in North Carolina. Because the policy was issued in California, that is the appropriate venue to settle the dispute.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: August 14, 2024, Case #: 3:24cv355, NOS: Insurance - Contract, Categories: Insurance, jurisdiction, venue
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Ellison denies Qatar Airways’ motion to dismiss a passenger’s personal injury claims against them. The federal court in Texas is the proper jurisdiction for the case because the passenger purchased her ticket and started her trip in Houston, Texas, Qatar Airways conducts frequent flights to and from Houston, and the injury occurred during the trip that started in Houston. And when all the private and public interest factors are weighed together, holding the trial in a court in Qatar instead of the United States would not be appropriate.
Court: USDC Southern District of Texas, Judge: Ellison, Filed On: August 8, 2024, Case #: 4:23cv4138, NOS: Other Statutory Actions - Other Suits, Categories: Emotional Distress, jurisdiction, venue
J. Rice declines to dismiss or transfer the insured's complaint alleging that the insurance company wrongfully declined her underinsured motorist policy benefits. The insurance company argues that the valid forum selection clause in the policy means that it is more appropriate to hold this case in Idaho, a state where the insurance company conducts business, but the provision allows for lawsuits to be brought in other forums, such as Eastern Washington.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: August 8, 2024, Case #: 2:24cv139, NOS: Insurance - Contract, Categories: Insurance, jurisdiction, venue
J. Brody finds that the trial court properly dismissed a breach of contract, breach of fiduciary duty and fraud lawsuit between members of a limited liability company for lack of jurisdiction. A case with the same parties and claims is pending in a California court, which held that a forum selection clause in an operating agreement was not ambiguous. Also, the negotiations, witnesses, conduct and controversy were in California. Affirmed.
Court: Idaho Supreme Court, Judge: Brody, Filed On: August 2, 2024, Case #: 49967, Categories: Corporations, jurisdiction, venue
J. Dries denies a company that installs hanger doors dismissal of breach of contract claims over jurisdiction issues because the company actively reached out to the Wisconsin manufacturer to come to a sales agreement. However, the claim against the bond holders cannot be heard in the state, and thus the entire case should be transferred to Guam.
Court: USDC Eastern District of Wisconsin, Judge: Dries, Filed On: July 31, 2024, Case #: 2:24cv298, NOS: Other Contract - Contract, Categories: jurisdiction, venue, Contract
J. Papillion denies a request by a maritime company to transfer a deckhand’s personal injury claims from New Orleans to the Eastern District of Kentucky on grounds that convenience and justice favor relocation to the area of the seaman's accident. The dispute is between a Louisiana-based seaman and his employer. In addition, transfer would substantially increase the costs for the seaman's witnesses at trial and transfer would result in the duplication of work already done in the case.
Court: USDC Western District of Louisiana , Judge: Papillion, Filed On: July 25, 2024, Case #: 2:22cv3835, NOS: Marine - Contract, Categories: Maritime, jurisdiction, venue
J. Merchant declines to dismiss the risk retention group's complaint alleging that the administrative state agency violated federal and Oklahoma state law by issuing an injunctive order enjoining the risk retention group from writing business in Oklahoma without proper court approval. This action is transferred to the Western District of Oklahoma, because each of the risk retention group's claims challenges the regulatory actions taken in Oklahoma by Oklahoma regulators and their agents, which outweighs the background facts that involve this district.
Court: USDC Northern District of New York, Judge: Merchant, Filed On: July 15, 2024, Case #: 2:24cv3720, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Administrative Law, jurisdiction, venue
J. DeGiusti denies the defendant company's motion to dismiss this contract dispute based on a lack of personal jurisdiction or, alternatively, to transfer venue to the District of Utah. The Utah company contends that it has "no significant connection to Oklahoma," but the court concludes that "jurisdiction and venue are proper in this forum."
Court: USDC Western District of Oklahoma , Judge: DeGiusti, Filed On: July 1, 2024, Case #: 5:23cv907, NOS: Other Statutory Actions - Other Suits, Categories: jurisdiction, venue, Contract
J. Nye denies in part the Denovo defendants' dismissal motion in this contract dispute arising from an agreement for the supply of outdoor products to be sold online. The court concludes that a forum selection clause naming Idaho "as the proper venue" in the parties' modified agreement is valid. Accordingly, the dismissal motion is denied as to the Arkansas-based parent company. Additional discovery is required, however, to make a jurisdictional determination as to the subsidiary company, which is based in Hong Kong.
Court: USDC Idaho, Judge: Nye, Filed On: June 28, 2024, Case #: 1:24cv85, NOS: Other Contract - Contract, Categories: jurisdiction, venue, Contract
J. Crenshaw transfers this copyright infringement case to the Northern District of California. The plaintiff music publishers contend that the defendant company "improperly used their copyrighted song lyrics" to train an artificial intelligence product, while the defendant company claims their inclusion represents "fair use." The defendant company is principally based in California, and most of its employees live and work there. The court concludes that transferring the case is in the best interests of justice.
Court: USDC Middle District of Tennessee , Judge: Crenshaw, Filed On: June 24, 2024, Case #: 3:23cv1092, NOS: Copyrights - Property Rights, Categories: Copyright, jurisdiction, venue
J. Self grants the individual's motion to remand to Greene County superior court an action against the business partner and their shared company for judicial dissolution of the business. The company is a nominal party to the action since the individual has no claims against it and it has not filed any motions or briefs in the case. Since the business partner's counterclaims do not count towards the amount in controversy for the purposes of diversity jurisdiction, the business partner has not shown that the amount in controversy likely exceeds $75,000. The instant court therefore lacks subject matter jurisdiction over the action. The individual's motion for attorney fees is denied.
Court: USDC Middle District of Georgia, Judge: Self, Filed On: May 17, 2024, Case #: 3:24cv31, NOS: Arbitration - Other Suits, Categories: jurisdiction, 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. 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. 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. Niemeyer dismisses Travelers’ challenge to the lower court’s order remanding a court-appointed receiver’s complaint, alleging breach of insurance policies issued to a defunct company, back to state court. The federal court’s reasons to remand were “colorably supported,” barring appellate review. Affirmed.
Court: 4th Circuit, Judge: Niemeyer, Filed On: February 26, 2024, Case #: 23-1339, Categories: Insurance, jurisdiction, venue
J. Tostrud grants the Virginia auto parts seller's motion to dismiss its Minnesota competitor's suit alleging that it used confidential information to poach the Minnesota company's employees and business. The Minnesota company has not provided evidence of sufficient contacts with Minnesota by the Virginia company, since all the conduct alleged took place outside the state. It also has not suggested alternate judicial districts to which this case could be transferred, despite objecting to the Virginia company's requested venue in the Western District of Virginia.
Court: USDC Minnesota, Judge: Tostrud, Filed On: February 12, 2024, Case #: 0:23cv2990, NOS: Other Contract - Contract, Categories: jurisdiction, venue, Contract