News & Analysis as of

Venue Choice-of-Venue

Pullman & Comley, LLC

Location, Location, Location: Connecticut Legislature Clarifies Venue Rules

Pullman & Comley, LLC on

Public Act 24-108, passed at the conclusion of Connecticut’s 2024 Legislative Session and signed into law by Governor Lamont on June 4, brings needed statutory clarity to where a business entity may initiate a lawsuit in...more

Troutman Pepper

The EDVA Shows Its Reluctance to Transfer Cases Brought by Virginia Plaintiffs

Troutman Pepper on

A long line of cases in the EDVA demonstrates that defendants seeking to transfer venue out of the EDVA under 28 U.S.C. 1404(a) face an uphill climb if the plaintiff is a Virginia resident....more

Lewitt Hackman

Franchisor 101: Not at Liberty to Change Venue

Lewitt Hackman on

A Dallas-based federal district court denied a franchisor’s request to keep its action against former franchisees in Texas and transferred the action to the Eastern District of Virginia....more

Proskauer - Minding Your Business

Court Determines New York’s Recently Amended Venue Provision Does Not Limit Where Lawsuits Between Non-Residents May Be Filed

In 2017, New York amended its general venue statute. For as long as New York’s Civil Practice Law and Rules has existed, the general venue statute (CPLR § 503(a)) placed proper venue solely based on residence of the parties....more

McDermott Will & Emery

Don’t Mess with Texas? State Sovereignty Doesn’t Make Plaintiff Immune to Venue Transfer

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit rejected the arguments of a state university in support of sovereign immunity and affirmed the district court’s decision to transfer the case to the District of Delaware. Board...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Case - September 2019

PATENT CASE OF THE WEEK - Board of Regents of the University of Texas Sys. v. Boston Scientific Corp., Appeal No. 2018-1700 (Fed. Cir. Sept. 5, 2019) - This week’s case of the week involves issues relating to venue...more

Womble Bond Dickinson

We’re Going to Vegas!: TCPA Class Action Transferred to Nevada Because Use of California-Based Text Platform Wasn’t Enough to...

Womble Bond Dickinson on

The “Ivy” AI text message platform is in the cross-hairs again in a class action filed against Caesars Entertainment Corporation in Castillo v. Caesars Entm’t Corp., No. 18-cv-05781-EMC, 2018 U.S. Dist. LEXIS 201721 (N.D....more

Proskauer - New England IP Blog

First-Filed Rule Prompts Dismissal of Heated Products Case in Favor of Warmer Venue

In a recent order allowing a defendant’s motion to dismiss a case involving heated products and heat pack technology, Judge Sorokin clarified a specific application of the first-filed rule. In the case at hand, Schawbel...more

Farrell Fritz, P.C.

Amended CPLR 503(a): “Extra Butter” Sneakerheads Must Defend Alleged Theft of Yeezys, and Other Fly Kicks, in New York County

Farrell Fritz, P.C. on

It has been almost one year since the New York legislature amended CPLR 503(a) to provide for venue in “the county in which a substantial part of the events or omissions giving rise to the claim occurred.” ...more

Jaburg Wilk

Arizona Businesses Can Be Sued in Other States

Jaburg Wilk on

Your Arizona business has been sued. Normally these lawsuits are handled in Arizona, where the business is located. However, what happens if the company is sued in another state? What if it is in a state that your company...more

Amundsen Davis LLC

In Commercial Litigation, Home-Field Advantage Can Help You Win

Amundsen Davis LLC on

Interstate commerce is happening all around us, all the time. Companies from all over the country do business with each other. Lawsuits between these companies, however, can only occur in one place (aka venue). Does it matter...more

Proskauer - Employee Benefits & Executive...

SCOTUS Invites Solicitor General to Submit Its View on ERISA Venue Selection Provisions

We previously reported that a split Sixth Circuit panel enforced a venue selection clause in an ERISA plan. In so ruling, the Court rejected the U.S. Department of Labor’s attempt to regulate by amicus brief and reasoned...more

Winstead PC

Contractual Venue Provision Was Enforceable

Winstead PC on

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

Latham & Watkins LLP

Choice of Venue in International Arbitration

Latham & Watkins LLP on

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

Pillsbury - Global Sourcing Practice

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

Allen Matkins

Court Of Appeal Validates Contractual Choice Of Venue

Allen Matkins on

In this November of 2010 post, I considered whether venue selection agreements are valid in California. I noted that the California Supreme Court had held that venue selection provisions are void. General Acceptance Corp. v....more

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