31 results for 'cat:"Jurisdiction" AND cat:"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
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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
J. Byrne finds that the trial court improperly ruled to dismiss a businessman's breach of fiduciary duty claims against business partners for lack of personal jurisdiction. The determination that the claims be made in a Canadian court was improper and the trial court should have honored the businessman's wishes to litigate the case in the state in which his business resides. Reversed.
Court: Texas Courts of Appeals, Judge: J. Byrne, Filed On: January 5, 2024, Case #: 03-22-00093-CV, Categories: Fiduciary Duty, jurisdiction, venue
J. Schreier denies a motion to dismiss for improper venue a lawsuit in which a company that supplies breakfast foods to convenience stores and hotels began purchasing egg products from a food manufacturer, which later had issues surrounding the 2022 Avian Influenza outbreak resulting in a nearly doubled price hike for eggs. The transfer would simply shift the inconvenience of litigating in another state from defendant company to plaintiff company.
Court: USDC South Dakota, Judge: Schreier, Filed On: January 4, 2024, Case #: 4:23cv4027, NOS: Other Contract - Contract, Categories: jurisdiction, venue, Contract
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
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. 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. Valderrama grants the plaintiff machine operator’s motion to remand this personal injury case to Cook County, but denies his motion for costs and attorney fees. The operator was injured in an explosion at a steel company’s Indiana production plant and sued both the company and the safety engineer whose negligence allegedly caused the explosion. The operator filed his suit in Cook County court because that is where the safety engineer lives, and while the company earlier managed to remand the case to federal court on a diversity jurisdiction argument, the federal court now agrees with the operator that Cook County’s circuit court is more appropriate.
Court: USDC Northern District of Illinois, Judge: Valderrama, Filed On: August 4, 2023, Case #: 1:22cv6484, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, jurisdiction, venue
J. Pallmeyer addresses a nutrition company’s motion to dismiss a product liability complaint brought by the parents of a child who developed necrotizing enterocolitis from drinking the company’s tainted baby formula. This consolidated case comprises dozens of individual necrotizing enterocolitis complaints filed in multiple districts, and this motion in particular concerns whether the venue for a specific complaint should be the District of Kansas, as the nutrition company argues, or the District of Western Missouri, as the parents argue. The court has decided Kansas is the proper venue as that is where the majority of the case's action took place, so it dismisses the individual complaint from Missouri with the inclination to allow the parents to file an amended complaint in the proper venue.
Court: USDC Northern District of Illinois, Judge: Pallmeyer, Filed On: August 3, 2023, Case #: 1:22cv2011, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Product Liability, jurisdiction, venue
J. Hicks denies a request by the corporate owner of three Louisiana television stations to dismiss it from a contracts suit on the jurisdictional argument its corporate “home” is in the capitol city Baton Rouge, and therefore cannot be considered “at home” in the Western District of Louisiana. Because the test for jurisdiction is a statewide analysis, the TV station owner is subject to Western District of Louisiana jurisdiction based on statements in its own brief that it is considered “at home” in Louisiana, the forum state.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: July 12, 2023, Case #: 5:21cv4212, NOS: Other Contract - Contract, Categories: jurisdiction, venue, Contract