12 results for 'cat:"Jurisdiction" AND 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. 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. 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
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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. 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