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Essex Global Capital, LLC v. Purchasing Solutions International, Inc.

RESPONSE in Opposition re Amended MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice 1 Notice of Removal

9 Cited authorities

  1. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,598 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  2. Lipcon v. Underwriters at Lloyd's, London

    148 F.3d 1285 (11th Cir. 1998)   Cited 355 times   1 Legal Analyses
    Holding non–signatories bound to forum selection clause on grounds that the non–signatories, who had provided letters of credit to signatories, had interests in the litigation that were "directly related to, if not predicated upon" those of the signatories

  3. Snapper, Inc. v. Redan

    171 F.3d 1249 (11th Cir. 1999)   Cited 258 times   2 Legal Analyses
    Holding that where defendants/Guarantors agreed to "expressly waiv[e] whatever rights" they might have "by reason of [their] present or future domicile," they waived their right to remove because the "waiver of 'whatever rights' encompasses all rights."

  4. City of New Orleans v. Mun. Admin. Serv

    376 F.3d 501 (5th Cir. 2004)   Cited 198 times
    Holding any waiver of removal rights must be "clear and unequivocal"

  5. Aung Lin Wai v. Rainbow Holdings

    315 F. Supp. 2d 1261 (S.D. Fla. 2004)   Cited 117 times
    Finding language the parties "submit [to] the jurisdiction of the Courts of Singapore" permissive (alteration in original; bold omitted)

  6. Keaty v. Freeport Indonesia, Inc.

    503 F.2d 955 (5th Cir. 1974)   Cited 151 times
    Holding that "when a contract provision is subject to opposing, yet reasonable interpretation, an interpretation is preferred which operates more strongly against the party from whom the words proceeded"

  7. Citro Fla., Inc. v. Citrovale, S.A

    760 F.2d 1231 (11th Cir. 1985)   Cited 85 times
    Finding that clause stating “place of jurisdiction is Sao Paulo/Brazil” was permissive because clause did not specify that Sao Paulo/Brazil was the only place of jurisdiction

  8. Messmer v. Thor Motor Coach, Inc.

    CASE NO. 3:16-cv-1510-J-JBT (M.D. Fla. Feb. 28, 2017)   Cited 8 times
    Finding forum selection clause contained in limited warranty in owner's manual was contractually valid, where plaintiff signed "Registration and Acknowledgement" of limited warranty, which referenced the owner's manual

  9. ZYL v. AVIATOUR, INC.

    Case No. 8:09-cv-151-T-23TGW (M.D. Fla. Jul. 9, 2009)

    Case No. 8:09-cv-151-T-23TGW. July 9, 2009 ORDER STEVEN MERRYDAY, District Judge The plaintiff sues Aviatour, Inc. ("Aviatour"), Aviatour Fly N' Inc. ("Aviatour Fly N'"), Kenneth Madrid, and Jessop Bahinting. The complaint asserts a claim for unpaid wages under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (the "FLSA") (count one), breach of contract (count two), and conversion (count three). Aviatour and Madrid move (Doc. 8) to dismiss the complaint pursuant to Rules 12(b)(1), 12(b)(2),