Case Studies

Keeping a Litigation in the Forum of Your Choice

Tannenbaum Helpern represents a New York-based private equity fund that had initiated litigation against a series of New Jersey-based defendants in the New York State Court. Defendants made numerous attempts to enjoin or dismiss the New York litigation in the hopes that they could have the dispute heard in what they considered to be the more favorable forum of New Jersey. They did so despite the fact that the parties had agreed to have any dispute between them heard in New York.

Defendants first sought to have a Federal Court enjoin the New York State Court proceeding and Tannenbaum Helpern litigators successfully opposed their motion by relying not only upon the parties' contractual agreement, but also upon well-established federal statutory law, which expressly prohibited defendants' requested relief.

Defendants then sought to remove the New York State Court proceeding to Federal Court and have it transferred to New Jersey. Tannenbaum Helpern litigation team successfully moved to remand the proceeding back to New York State Court by establishing that the requirements for remand were satisfied and that the equities of the case warranted remand. The Federal Court agreed, adopting nearly all of Tannenbaum Helpern's arguments and authority, and remanded the case back to New York State Court on an expedited basis.

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