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September 7, 2016

Call & Jensen: C&J KNOCKS FEDERAL LAWSUIT OUT OF CALIFORNIA

Call & Jensen secured a significant transfer of venue for its client in a business dispute in federal court. Despite the existence of a forum selection clause in the parties’ contract requiring that all disputes “arising out of or relating to” the contract be filed in Florida, where Call & Jensen’s client is based, the Plaintiff filed suit in California, where the alleged work was performed. Call & Jensen’s client had previously filed a contract claim in Florida pursuant to the parties’ agreement. Rather than file a cross-claim in Florida, however, the Plaintiff filed a new suit in California, increasing the litigation costs and burden. Call & Jensen moved to transfer the new case to Florida, which the Plaintiff heavily contested, arguing that the parties’ contract had expired and that the claims for quantum meruit and unjust enrichment were not based on the contract. Call & Jensen, however, persuaded the judge to adopt a newly devised standard for determining the correct venue in light of the forum selection clause, and to transfer the case to Florida. The successful motion was authored by Matthew R. Orr and Joshua G. Simon. William P. Cole provided oral argument at the hearing.