DISMISS THE LAWSUIT

My company has been sued in a place where it has never been and does not transact business. Can the case against my company be dismissed or transferred to a more convenient forum?

You may be able to move to dismiss or transfer the case on the basis of lack of personal jurisdiction and improper venue.

In order to succeed in a motion to dismiss for lack of personal jurisdiction you need to show that your company lacks sufficient general and specific contacts with the forum such that the courtís exercise of jurisdiction over your company would not comport with traditional notions of fair play and substantial justice.

It is generally sufficient for the plaintiff to show that the accused knew that the plaintiff resides in and would likely be harmed in the forum state. However, if the defendantís sole contacts with the forum are tenuous or it had no reasonable expectation of being haled in to the forum to defend a claim, the case against it should be dismissed or transferred to a proper venue.

To learn additional ways of dismissing lawsuits, call Peter A. Koziol, Esq. at 561-235-0725.

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