26 results for 'cat:"Civil Procedure" AND cat:"Venue"'.
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
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
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, based on improper venue.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:23cv227, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Real Estate, venue
[Consolidated.] J. Dishman transfers these two consolidated real estate cases to the Northern District of Texas, Wichita Falls division, due to improper venue. The court notes that transfer "will promote judicial efficiency," as opposed to dismissal.
Court: USDC Western District of Oklahoma , Judge: Dishman, Filed On: March 13, 2024, Case #: 5:24cv110, NOS: All Other Real Property - Real Property, Categories: civil Procedure, Real Estate, venue
J. Lanier finds that the trial court properly sustained the ex-husband's exception of improper venue in a child custody proceeding. The facts and circumstances of the case show that Vernon Parish was the appropriate venue, and the judgment is amended to order the case transferred to that venue. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Lanier, Filed On: February 23, 2024, Case #: 2023CA0572, Categories: civil Procedure, Family Law, 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. DuBow finds that the lower court improperly transferred the venue of a Walmart contractor’s slip-and-fall case, arising from her falling on a slippery substance at a distribution center, from Philadelphia County to Lehigh County based on forum non conveniens. The court was obligated to cater to the contractor’s choice of forum as Walmart did not prove its witnesses who would allegedly be burdened by having to travel to Philadelphia were key to their defense. Reversed.
Court: Pennsylvania Superior Court, Judge: DuBow, Filed On: February 2, 2024, Case #: J-A26012-23, Categories: civil Procedure, Tort, venue
Per curiam, the court of civil appeals finds that the lower court properly dismissed the appellant's petition against the commissioner of the Alabama Department of Corrections based on improper venue. The appellant fails to show that the case, which concerned the collection of child-support payments from an inmate account, should be heard in Lawrence County. However, the judgment improperly dismissed her petition on sovereign immunity grounds. Affirmed in part.
Court: Alabama Court of Civil Appeals, Judge: Per curiam, Filed On: January 5, 2024, Case #: CL-2023-0289, Categories: civil Procedure, Immunity, venue
[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. 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. Corker partially grants the dismissal motions filed in this lawsuit alleging that the pro se plaintiff is the target of "an ongoing conspiracy between defendants" to defame and extort him. The plaintiff, a content publisher who "claims to reside in Minnesota," fails to establish that venue is proper in the Eastern District of Tennessee. The court notes that dismissal is without prejudice.
Court: USDC Eastern District of Tennessee , Judge: Corker, Filed On: August 25, 2023, Case #: 2:23cv11, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, Civil Rights, venue
J. Faris upholds the bankruptcy court's refusal to allow a debtor to sue its former chapter 11 trustee in another forum. The bankruptcy court found the debtor failed to support a prima facie case against the trustee, and the debtor lacks standing because its plan invested all estate claims in the plan trust; therefore, only the plan could pursue claims against the trustee. Affirmed.
Court: 9th Circuit, Judge: Faris, Filed On: July 19, 2023, Case #: CC-23-1034-FLS, Categories: Bankruptcy, civil Procedure, venue