61 results for 'cat:"Venue" AND cat:"Contract"'.
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. 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
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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. Austin, of the District of South Carolina, grants the real estate investors' motion to transfer their own investors' suit against them to the Southern District of Florida. While this dispute relates to property in South Carolina, both parties do substantial business in Florida and other related suits are already being litigated in Florida.
Court: USDC Southern District of Florida, Judge: Austin, Filed On: March 27, 2024, Case #: 1:24cv21147, NOS: Other Contract - Contract, Categories: Fiduciary Duty, venue, contract
J. Ellis denies the defendant Covid-19 testing site operator’s motion to dismiss a contract complaint brought by the suing health care revenue services company, but grants the operator’s motion to move the case to the federal court district of Nebraska. The revenue services company claims the testing site operator hasn’t paid up for four invoices related to its efforts to collect patients’ outstanding debts. The court finds that, while it does have sufficient jurisdiction over the case for it to survive a dismissal motion, the better venue is Nebraska, where the testing site operator maintains its primary place of business.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: March 11, 2024, Case #: 1:23cv6445, NOS: Other Contract - Contract, Categories: Health Care, venue, contract
J. Wright grants an estate planner motion to transfer this contract dispute to Maryland federal court. The factor of convenience and justice for witnesses, familiarity with the governing law, litigation cost and compulsory process favors the transfer. Therefore, all dates and deadlines shall be vacated, and the clerk of court shall transfer the case.
Court: USDC Maryland, Judge: Wright, Filed On: March 1, 2024, Case #: 1:24cv625, NOS: Other Contract - Contract, Categories: venue, contract
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. Pratter grants an insurance company’s motion to transfer this insurance coverage dispute in which a couple from York, Pennsylvania, argues their wind damage claim was wrongfully denied. The Middle District of Pennsylvania is the proper forum for this case.
Court: USDC Eastern District of Pennsylvania, Judge: Pratter, Filed On: February 7, 2024, Case #: 2:23cv2590, NOS: Insurance - Contract, Categories: Insurance, venue, contract
J. Pratt finds for patients regarding jurisdiction in privacy and contract claims because the hospital is a private hospital, not a federal actor, and the case concerns managing the patient portal.
Court: USDC Southern District of Indiana, Judge: Pratt, Filed On: February 6, 2024, Case #: 1:23cv1080, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, venue, contract
J. Kautz finds that the lower court improperly dismissed a contract dispute between a financial advisory company and a former employee after finding that the forum selection clause in the contract called for disputes to be be litigated in Minnesota. The company was entitled to a waiver of the forum selection clause and the employee had no connection to Minnesota that would support that venue. Reversed.
Court: Wyoming Supreme Court, Judge: Kautz, Filed On: January 30, 2024, Case #: S-23-0125, Categories: venue, contract
J. Guirola transfers an oil and gas company's breach of contract claims to the Southern District of Texas, Corpus Christi Division. The dispute involves property located in Texas, and the alleged breach of contract occurred there, not Mississippi.
Court: USDC Southern District of Mississippi , Judge: Guirola, Filed On: January 25, 2024, Case #: 1:22cv248, NOS: Other Contract - Contract, Categories: venue, Business Practices, contract
J. Wise finds the filing court properly sua sponte transferred the HVAC company's complaint to another county. Although the contract was signed in the filing court's county, the home on which the work was performed was located in the county of the eventual trial court, which rendered it the proper venue. Meanwhile, the trial court properly denied the HVAC company's request for damages related to excess charges not paid by the homeowners because the work involved with those charges was never included in the original scope of work and was added without the homeowners' consent. Affirmed.
Court: Ohio Court Of Appeals, Judge: Wise, Filed On: January 12, 2024, Case #: 2024-Ohio-109, Categories: Construction, venue, contract
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. Young denies the borrower's motion to dismiss for improper venue. The borrower, accused of failing to make timely loan payments, waived her right to object to the venue when agreeing to the loan. The potential contract breach happened in Virginia despite the borrower living in Maryland, making Virginia the appropriate venue.
Court: USDC Eastern District of Virginia, Judge: Young, Filed On: December 19, 2023, Case #: 3:22cv295, NOS: Negotiable Instrument - Contract, Categories: Fraud, venue, contract
J. Gordo finds the trial court properly granted the insurance company's motion to dismiss the amended complaint in the insured's lawsuit over coverage of damages to its partially sunk vessel under its marine insurance policy. The trial court correctly found the policy's forum selection clause required the litigation to take place in federal court, and it correctly found the change in venue is not unreasonably burdensome or inconvenient. Affirmed.
Court: Florida Courts Of Appeal, Judge: Gordo, Filed On: December 13, 2023, Case #: 22-1333, Categories: Insurance, venue, contract
[Consolidated.] J. Wolfe finds that the trial court properly sustained an exception of improper venue and dismissed a suit involving alleged misrepresentations made in connection with the sale of a business. The buyers did not show the seller parties are "solidarily liable to them" for the tort claims. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Wolfe, Filed On: December 12, 2023, Case #: 2023CA0571, Categories: Civil Procedure, venue, contract
J. Trauger denies the defendant accountants' motion to dismiss or to transfer venue in this dispute over a company's potential tax refund and the related contingency fee, after the company determined that it did not qualify for the tax credit at issue. The accountants cite a forum selection clause, but the court concludes that at this point in the proceeding they have "failed to establish that a binding contract containing a forum selection clause was formed."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: December 1, 2023, Case #: 3:23cv531, NOS: Other Contract - Contract, Categories: Civil Procedure, venue, contract
[Consolidated.] J. Horan grants a motion to transfer consolidated negligence, invasion of privacy and related claims to the Central District of California. There is a related suit pending in the first-filed court, and the two cases substantially overlap.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: November 27, 2023, Case #: 3:23cv744, NOS: Other Contract - Contract, Categories: Privacy, venue, contract