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Transfer Motion Granted

November 4, 2013

An issue that often arises in commercial litigation is where the case should be litigated. The issue is important because the laws in different possible forums may control the remedies that are available and even the outcome. David McComb recently obtained the transfer of a shareholder dispute from the federal court sitting in Philadelphia to the federal court sitting in Alexandria, Virginia. Relying on provisions in the parties’ contract and the location of key documents and witnesses, McComb persuaded the Philadelphia federal court that the shareholder dispute and an accompanying request for injunctive relief should be heard by the Virginia federal court and Virginia contract law should be applied. The Court agreed with McComb’s analysis of the issues, and transferred the case over the opposing parties’ objections.

The case is a reminder that parties to a contract should always consider forum selection and choice of law clauses in their contracts.

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