Jurisdiction

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7^th Circuit Court of Appeals

Case Name: Ashoke Deb v. Sirva, Inc., et al

Case No.: 14-2484

Officials: FLAUM, MANION, and ROVNER, Circuit Judges

Focus: Jurisdiction

District court failed to hold defendants to their burden of demonstrating that India was adequate forum for litigation.

“Ordinarily these cases speak of the ability of a court to view evidence of the party moving to dismiss (the defendant) in order to rebut the allegations of the non‐movant’s (the plaintiff’s) complaint asserting facts supporting its chosen venue. This case is unique in that, in an unusual course of events, the defendants cite to the plaintiff’s bare allegation of a joint venture in the complaint in order to support their con‐ tention that the case should be dismissed under Rule 12(b)(3). But the general premise is the same. Where one party makes a bald claim of venue and the other party contradicts it, a dis‐ trict court may look beyond the pleadings to determine whether the chosen venue is appropriate.”

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.