News

FH&M LLP RECORDS VICTORIES ON ISSUES OF PERSONAL JURISDICTION AND FORUM SELECTION CLAUSE ENFORCEMENT

Phantom Motors v. Performance LLC

In this case before the New York Supreme Court, Suffolk County, we represented the former owner of a high performance speedboat which was sold to a buyer on Long Island, New York. Our client, a resident of Indiana, entered into a brokerage agreement with a broker based in Missouri. The buyer in New York. sued the broker for alleged misrepresentations as to the condition of the boat. The broker subsequently filed a third-party action against our client. We moved to dismiss the third-party action against our client on the grounds that i) there was no personal jurisdiction over our client domiciled in Indiana, and ii) the brokerage agreement contained a mandatory arbitration provision. The court agreed with our position on lack of personal jurisdiction and dismissed the action on the grounds that New York’s Long Arm Statute would not allow for jurisdiction under these facts. The court did not reach the arbitration issue. A copy of the Court’s decision may be found HERE.

Kuku v. Safmarine

In this case before the Superior Court of New Jersey, Union County, Plaintiff filed suit against our client, an ocean carrier, alleging various damages relating to the detention and non-delivery of a containerized shipment of automobiles from the U.S. to Nigeria. The court granted our motion to dismiss the case on the basis of a mandatory and exclusive forum selection clause in the ocean carrier’s bill of lading providing for the adjudication of all claims in the United States District Court for the Southern District of New York. Please see the holding HERE.

Both cases handled by attorneys Bill Pallas and Will Yost.