On the road.

March 20, 2019

A complicated tangle of arbitration, court, Texas and New Jersey produced a basic insight about forum-selection litigation: “Webb’s forum concerns highlight practical but all-too common and not-at-all error-establishing issues in modern litigation. He may have to travel further than he would like and may have to work harder to get witnesses properly to the New Jersey courts, but Webb has made insufficient showing on any part of the relevant analysis.” A footnote summarized case authority on this basic point, that all too often gets shunted to the end of a multi-factor analysis in a dispute about the proper forum. Webb v. Diversegy, LLC, No. 05-17-01258-CV (March 13, 2019) (mem. op.)