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Court Denies In-state Venue For Supplier Heavily Involved With Out-of-state Project

Sunday, May 04, 2008 02:48 pm

Court Denies In-state Venue For Supplier Heavily Involved With Out-of-state Project

If you're sued in a state other than the one in which you frequently conduct business, you may consider moving todismiss the claim for lack of personal jurisdiction. That's what a Kansas company did, but it lost out when the court found its business dealings in Florida to be extensive and specific to a construction project taking place in that state.

Design-Build Concepts, Inc. (D-B) filed a claim against Jenkins Brick Company (JBC) and its subcontractor Continental Cast Stone Manufacturing, Inc. (CCSM) after CCSM failed to manufacture and deliver cast-stone block pieces in accordance with the contract between D-B and JBC. The stones, intended for a project at the First National Bank of Crestview in Florida, were defective and delivered late. JBC filed a cross claim against CCSM for its failure to comply with the subcontract which specifically noted the prime contract's specifications, standards and scheduling requirements.

Defendant was no stranger to Florida

Florida's long-arm statute, like those of other states, allows a court [...]

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