Kirey

09.09.2018 4 Comments

Accordingly, Horn's claims for defamation and injurious falsehoods do arise indirectly from the Agreement and are therefore covered by the forum selection clause. Here, the forum selection clause contained in the parties' Agreement states as follows: Plaintiff opposes the motion on the grounds that enforcing the forum selection clause would be unreasonable and unjust. In support of her argument, Horn asserts that without the broad subpoena power of the federal courts, she will be unable to acquire information and documents from approximately forty-nine of HGI's fifty-one clients who are located outside of New York, as well as approximately thirty suppliers, all of whom are international companies.

Kirey


Based on the foregoing, the Court finds the forum selection clause contained in the parties' Agreement enforceable. Horn does raise a limited argument with respect to the third factor - whether the forum selection clause covers all of the claims herein - by asserting that her claims for defamation and injurious falsehoods do not arise directly or indirectly from the Agreement. Moreover, Kirey has cashed checks made payable to HGI for his own personal or business reasons. In fact, the Supreme Court has instructed that "[w]hen parties have contracted in advance to litigate disputes in a particular forum, courts should not unnecessarily disrupt the parties' settled expectations. The parties hereto explicitly agree that the Courts of the State of New York shall have sole and exclusive jurisdiction over any and all controversies arising directly or indirectly from this Agreement, and the parties hereby expressly consent to the jurisdiction of the Courts of the State of New York, including, but not limited to, the Supreme Courts located within the Counties of Nassau and Suffolk, for any and all such controversies. This is a paid feature. Every claim at issue in this action stems from Kirey's purported breach of the Agreement. The Supreme Court, however, has previously rejected the exact same argument posited by Horn. In support of her argument, Horn asserts that without the broad subpoena power of the federal courts, she will be unable to acquire information and documents from approximately forty-nine of HGI's fifty-one clients who are located outside of New York, as well as approximately thirty suppliers, all of whom are international companies. Stato della Citta del Vaticano, F. Courts will decline to enforce a forum selection clause if: Horn has, therefore, failed to rebut the presumption that the forum selection clause is enforceable. Here, the forum selection clause contained in the parties' Agreement states as follows: Bloomberg LP, F. The Court went on to define "[f]actors relating to the parties' private interests [to] include 'relative ease of access to sources of proof; availability of compulsory process for attendance of unwilling, and the cost of obtaining attendance of willing, witnesses;. In , Horn and Kirey formed HGI, which is engaged in the business of importing, exporting and selling various home and garden related products. However, "[b]ecause the Supreme Court's decision in Atlantic Marine merely clarified the procedural vehicle through which forum selection clauses are enforced and did not significantly alter the substantive analysis of the clauses, the Court will deem [Kirey's] motion to dismiss on the basis of the forum selection clause as proceeding under the forum non conveniens doctrine. Kirey has also made false statements about Horn to HGI clients and has prevented Horn from carrying out HGI business by moving the domain name without Horn's knowledge or consent and forwarding Horn's emails to his own private account. Horn alleges that Kirey defamed her and made injurious falsehoods about her to HGI clients in order to procure their trust and confidence so that they would move their business to his newly formed corporation, LGI - a corporation that he allegedly formed in violation of the Agreement. Forum Non Conveniens When determining whether to enforce a forum selection clause, the Court must undertake a four-part analysis: Legal Standard "The [Supreme] Court [has] held that generally 'the appropriate way to enforce a forum-selection clause pointing to a state or foreign forum is through the doctrine of forum non conveniens. Rather, "[w]hatever 'inconvenience' [the parties] would suffer by being forced to litigate in the contractual forum as [they] agreed to do was clearly foreseeable at the time of contracting. Please subscribe to download the judgment. Horn further argues that without the federal court's subpoena power, she will be unable to acquire necessary information from LGI, which is located in Florida. Finally, Kirey deleted Horn's entire corporate email account. HGI's principal place of business is New York. Central Islip, New York December 14,

Kirey


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4 thoughts on “Kirey”

  1. Here, the forum selection clause contained in the parties' Agreement states as follows: For the following reasons, Defendant's motion is granted.

  2. Horn alleges that Kirey defamed her and made injurious falsehoods about her to HGI clients in order to procure their trust and confidence so that they would move their business to his newly formed corporation, LGI - a corporation that he allegedly formed in violation of the Agreement.

  3. As the Court explicitly stated in Atlantic Marine, "a court evaluating a. On October 4, , Horn and Kirey entered into a written shareholders agreement the "Agreement" , which included a covenant not to compete with HGI, as well as an agreement to work together until at least

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