Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar?
A federal court in Wisconsin recently transferred a franchisor’s breach of contract lawsuit to Indiana, the location of the franchisee, even though the parties’ supply agreement contained a Wisconsin forum selection clause....more
Where the Operative Facts Occurred - In assessing this primary factor, courts have looked to the location of defendant’s principal place of business, where the ANDA application was prepared, and where the ANDA product was...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
A federal court in Nevada recently transferred a franchisor’s trademark infringement lawsuit to Illinois, the location of the franchise, declining to rule on the franchisor’s motion for preliminary injunction. Hofbräuhaus of...more
The principles of jurisdiction and venue are paramount when determining not only where a proceeding will be conducted, but also which particular laws will govern the proceeding. ...more
Every lawyer knows that it is important to enter into a signed engagement letter with a client before commencing legal representation. But, as one law firm recently discovered, even an unsigned engagement letter is better...more
The Situation: A series of recent intellectual property case victories by foreign plaintiffs against Chinese companies in Chinese courts has relevance for the forum non conveniens doctrine as a critical defense motion in U.S....more
Earlier this fall, the U.S. District Court in Massachusetts transferred an employee’s declaratory judgment action to the Eastern District of Michigan pursuant to a forum-selection clause in a non-compete agreement over the...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
On June 1, 2016, District Judge Gregory H. Woods (S.D.N.Y.) granted Defendant ASUS Computer International’s (“ACI’s”) motion to transfer its patent infringement suit to the Northern District of California, where it is...more
Recently I came across an article that led me to a case that dealt with the seemingly innocuous and often perfunctory forum selection clause. In the case (Liddell Bros. v. Impact Recovery Sys., 2016 U.S. Dist. LEXIS 36258...more
The defendants in three related cases moved for transfer to the Northern District of California where two other related cases were pending. The motions were granted. The Court found that the only Jumara factor weighing...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
Rob & Bud's Pizza ("R&B") is a Papa Murphy's franchisee and owns and operates multiple Papa Murphy's Take 'n' Bake Pizza restaurants in Arkansas, Missouri and Kansas. In April 2014, R&B and other Papa Murphy's franchisees...more
Plaintiff asserts jurisdiction under the stream-of-commerce theory. Defendants shipped approximately 2% of the accused products from their Indiana manufacturing facility to two customer distribution facilities in Delaware. ...more
Plaintiff is a Delaware corporation with principal place of business in California at the time the complaint was filed. Its current address is in New York. Defendant is an Ohio LLC with its principal place of business in...more
Agreeing to review an important issue that has divided the federal circuit courts, the U.S. Supreme Court announced yesterday that it will decide the proper procedural vehicle for enforcing forum selection clauses. ...more