Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract...more
A district court in Arizona granted a franchisor’s motion to transfer venue to Missouri pursuant to the terms of the franchise agreement. S&G Elite LLC (“S&G”) and ST National Franchising, LLC (“Franchisor”) entered into a...more
A federal court in Virginia recently granted a motion brought by equipment suppliers DET Diesel Emission Technologies, LLC and Synergy Catalyst, LLC, together doing business as “Recore,” to enforce a forum selection clause...more
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
From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more
The US Court of Appeals for the Federal Circuit, on petition for writ of mandamus, vacated the district court’s transfer order and remanded the transfer to be considered under the clarified parameters of Fed. R. Civ. P....more
A federal district court in California granted a franchisor’s motion to transfer venue of claims brought by non-California franchisees to Texas. The ruling was based on a forum selection clause in the franchise agreements....more
DePuy Synthes Sales Inc. v. Howmedica Osteonics Corp., 28 F.4th 956 (9th Cir. 2022) - Summary: Motion to transfer venue was properly denied where forum-selection clause in employment agreement was void under California...more
This month, the Ninth Circuit’s decision in DePuy Synthes Sales v. Howmedica Osteonics held that a U.S. district court in California properly invalidated a foreign choice-of-law and forum selection provision under California...more
Can part-time work by one defendant in plaintiff's chosen forum preclude transfer for forum nonconveniens when the alleged malpractice and death occurred in another county, and the plaintiff and the vast majority of witnesses...more
Contracts often include a forum selection clause to designate the location of any future litigation between the parties....more
The Patent Trial and Appeal Board has rejected a patent owner’s argument that a forum selection clause found in a Non-Disclosure Agreement (NDA) barred the Board from instituting a petition for inter partes review (IPR). ...more
In our continuing post-TC Heartland coverage, the District of Nevada recently identified a key factor in analyzing venue challenges in patent litigation: whether the public can access the defendant corporation or its services...more
Little more than a month ago, we looked at the United States District Court’s application of a recent Fourth Circuit opinion that relied, in turn, on a United States Supreme Court opinion addressing venue challenges in light...more
As we previously reported, the District of Connecticut in September denied a motion to transfer based on a mandatory forum selection clause in a reinsurance contract in a dispute between Applied Underwriters, Inc. and its...more
On September 12, the District Court for Connecticut denied a motion to transfer predicated on a mandatory forum selection clause in a reinsurance contract. The contract was one of several entered into by Applied Underwriters,...more
Data shows that although transfer motion filings in the Eastern District of Texas decreased 50% year-over-year from 2014 to 2015 (from 135 to 63), the percentage of successful motions increased from 34% to 43%. According to...more
Robinson, J. Defendant’s motion to transfer is denied. Defendant’s motion to strike plaintiff’s motion for a preliminary injunction is denied. Defendant seeks to transfer this action to the Northern District of...more
Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more
Plaintiff is a Delaware LLC with its principal place of business in Carmel, California. Plaintiff was formed in June 2014 and the complaint was filed in November 2014. One defendant is located in Korea, and the others...more