A federal district court recently enforced a forum selection clause in National Equipment Dealers, LLC v. IROCK Crushers LLC, transferring the case to Ohio and confirming the enforceability of venue clauses in commercial...more
The US Court of Appeals for the Federal Circuit denied a mandamus petition requesting transfer from the Marshall division to the Sherman division within the US District Court for the Eastern District of Texas, finding that...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
Navigating patent infringement claims requires a deep understanding of both the legal landscape and the specifics of the technology at stake, especially in the fast-evolving cybersecurity sector. Creative litigation...more
On Friday May 24, in response to the CFPB’s motion requesting the Fifth Circuit to accelerate the issuance of its mandate from July 9, 2024 with respect to its earlier dismissal of the plaintiffs’ appeal, the Fifth Circuit...more
Just over a year has passed since President Biden signed the State Antitrust Enforcement Venue Act (the State AG Venue Act or Act) into law, and state attorneys general (AG) have already taken advantage of the law’s...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
In Parker v. Filip, a trust owned a limited partnership interest and the partnership owned real property in Fayette County, Texas. No. 14-23-00372-CV, 2023 Tex. App. LEXIS 6976 (Tex. App.—Houston [14th Dist.] August 31, 2023,...more
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
On December 29, 2022, President Biden signed into law the State Antitrust Enforcement Venue Act (the “State AG Venue Act”). This law puts all businesses at risk of defending antitrust lawsuits across different jurisdictions...more
Background The term “venue” in New York State civil procedure means the county in which a lawsuit is filed and prosecuted. Although it may seem somewhat inconsequential on its face, venue is an important strategic tool for...more
The update for December 2022 summarizes three patent decisions that issued from the Western District of Texas. These three decisions all evaluated challenges to venue in patent suits. In the end, the court transferred two of...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
The US Court of Appeals for the Federal Circuit vacated a district court’s denial of motions made by two car distributors to transfer cases out of the Western District of Texas for improper venue, finding that the patent...more
Arguments to the Patent Office That Contradict Information Submitted to the FDA Support an Inference of Deceptive Intent In Belcher Pharmaceuticals v. Hospira, Inc., Appeal No. 20-1799, the Federal Circuit held that a...more
Although the Federal Circuit didn’t issue a lot of precedential decisions last week, it continued the recent trend of venue transfer decisions out of the Western District of Texas. Below we provide our usual weekly statistics...more
IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna) - Dyk, J. Granting the writs of...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
Venue in patent cases has been a topic of recent Supreme Court (TC Heartland LLC v. Kraft Foods Group Brands LLC) and Federal Circuit (In re Cray) consideration. Last month, the Federal Circuit again considered venue with...more
Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more
This post summarizes three interesting opinions out of the Eastern District of Texas in December 2019. Judge Rodney Gilstrap of the Eastern District of Texas (E.D.Tx.) recently denied three disputed transfer requests...more
On October 2, 2019, District Judge Ronnie Abrams (S.D.N.Y.) granted Defendant Quora Inc.’s (“Quora”) motion to transfer the case to the Northern District of California....more