Venue

News & Analysis as of

Construction E-Note - April 9, 2014

In This Issue: - Ongoing Or Completed Operations? Fifth Circuit Finds No Duty To Defend Contractor Under Additional Insured Endorsement - Your Venue, My Bond Claim: A Florida Law Primer - The Condominium Form Of...more

Evidence in Support of Petition for Venue Transfer Must Be Sufficiently Specific - In re Apple Inc.; In re Barnes & Noble

In two decisions from identical panels, the U.S. Court of Appeals for the Federal Circuit denied mandamus petitions seeking to direct two district courts to vacate their denials of petitioners’ motions to transfer their...more

Reinsurance Arbitration Dispute Transferred To Venues In Which Arbitrations Were Pending

National Indemnity Company (NICO) sought an injunction in a Nebraska federal district court to prevent Transatlantic Reinsurance Company and its subsidiary (collectively, Transatlantic Re) from commencing arbitration against...more

Federal Circuit (Applying Fifth Circuit Standard) Holds That Venue Transfer Must on Balance Be Clearly More Convenient, Not Far...

An April 3, 2014, decision by the Court of Appeals for the Federal Circuit sheds a little more light on how to apply the Fifth Circuit’s test for determining whether a case should be transferred from the district in which it...more

Should I Bring a Change of Venue Motion?

There has been some confusion in recent case law as to the proper test to be applied on a change of venue motion. It is clear that the starting point for where an action can be commenced is straightforward: the plaintiff can...more

How to Get Out Of Dodge: Winning Patent Venue Transfer Strategies and the Federal Circuit

Proper venue is important in U.S. district court litigation; you can’t live without it. But successfully changing venue to a different district court can be even more important because transfer can seriously disrupt...more

IP litigation: where to sue.

Generally speaking, the easier are the regulations concerning territorial competence, the better is for the efficiency of the legal system. The Italian lawmaker took therefore the right direction in 2003, when IP...more

Contractual Venue Provision Was Enforceable

In In re Mark Fisher and Reese Boudreaux, the Texas Supreme Court held that a contractual venue agreement was enforceable and overrode the statutory venue requirements for the plaintiff’s claims, including tort claims. The...more

Illinois Supreme Court to Decide Whether Improper Venue in an Administrative Review Case Deprives the Circuit Court of...

Our previews of the new review grants from the Illinois Supreme Court’s January term continue with Slepicka v. State of Illinois, a case from the Fourth District of the Appellate Court. Slepicka poses a question of general...more

Choice of Venue in International Arbitration

The choice of venue for an international arbitration can cause significant repercussions once a dispute arises. So parties should choose carefully, depending on their specific concerns. Claudia Salomon, Latham & Watkins...more

Forum Selection Clauses in Construction Contracts: Part Two

The U.S. Supreme Court recently made our work as drafters of construction contracts a little easier. In the case of In re Atlantic Marine Construction Co., the U.S. Court of Appeals for the Fifth Circuit had refused to...more

Back to Google’s Backyard: Forum and Venue Clause Enforced to Dismiss Putative Class Action

For most corporations, standard forum and venue “home court advantage” clauses are par for the course. For companies with an expansive reach like Google’s, they are essential. Google has long included these clauses in its...more

Supreme Court Provides Clarity On Contractual Forum-Selection Clauses

A forum-selection clause in a contract offers predictability and clarity of venue in case a dispute arises over the contract. But, when such a dispute arises, if the plaintiff does not commence litigation in the contractually...more

It’s Not Easy to Get into the Federal Circuit - In re ICM, Inc., In re Foundations Worldwide, Inc., Momenta Pharm., Inc. v....

In addressing four cases requesting action regarding jurisdiction or venue transfer, the U.S. Court of Appeals for the Federal Circuit scored a Texas hat trick and bounced four cases out of the Court, denying two petitions...more

Contract made in two places at once - a possibility under UK law

The High Court of England and Wales has recently decided that a contract can, in principle, be made in two separate jurisdictions at the same time if the contract does not include choice of law and jurisdiction clauses. In...more

The GPMemorandum, Issue 174

In This Issue: - Court Approves Settlement In Class Action Lawsuit Filed Against Franchisor: A class action settlement has been approved in Swift v. DirectBuy, Inc., 2013 U.S. Dist. LEXIS 152618 (N.D. Ind. Oct....more

Get to Know Your Georgia Bankruptcy Court

Bankruptcy is a court process, but a highly specialized one. That is why bankruptcy cases do not proceed in the same federal courts that hear typical criminal and civil cases. Instead, bankruptcy has its own court system....more

New York Federal Court Interprets Reinsurance Contract’s Arbitration Provision and Transfers Venue to Massachusetts

First State Ins. Co. v. Nat’l Cas. Co., No. 13 Civ. 0704 (AJN), 2013 U.S. Dist. LEXIS 142518, 2013 WL 5439143 (S.D.N.Y. Sept. 27, 2013). A cedent and a reinsurer were parties to various reinsurance agreements, each of...more

Long Delay in Moving to Transfer Results in Denial of Motion

The Defendant QxQ Inc. ("QxQ"), which is a California company, moved to transfer a patent infringement case from the Eastern District of Wisconsin to the Northern District of California. QxQ asserted that the connections...more

Marriott to Face Trial in Maryland Over Terrorist Bombing in Pakistan

The U.S. Fourth Circuit Court of Appeals recently reversed a Maryland U.S. District Court decision to dismiss a wrongful death suit brought against Marriott International based on a terrorist bombing that occurred at a...more

Managing Professional Liability Litigation Against Accounting Firms (Part 2)

This is Part 2 of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners and the factors a firm’s managing partner should take into...more

Legislative Update

Construction legislation in the 2013 session was much different from 2011. In 2011 many new construction related laws were passed including governance of indemnities and mechanic’s liens. In 2013 many significant...more

Fingers Point to Different Defendants in Asiana Airlines Plane Crash

David McMahon, who represents insurers in litigation resulting from natural disasters and product liability lawsuits against the airline and cruise industry, was interviewed for an Aug. 6, 2013, Claims Journal article,...more

Beyond Dispute - June 2013

In This Issue: - New York’s Highest Court Clarifies Who Bears the Risk of Loss in Counterfeit Check Schemes - A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the...more

Beyond Dispute - June 2013: A Litigation’s Venue May Determine Whether the Producing Party Can Shift E-Discovery Costs to the...

To date, courts within New York have not been in agreement as to who bears the costs of producing electronically stored information (“ESI”). New York, however, may soon adopt the test federal courts have used for over a...more

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