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· 5/8/2009

Mak Marketing, Inc. v. Kalapos

Citations

  • 620 F. Supp. 2d 295
  • 2009 U.S. Dist. LEXIS 48097
  • 2009 WL 1563085

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that copyright infringement claim was governed by forum selection clause which covered disputes “in connection with” the license agreement
  • noting that the former category requires a “causal connection” between the contract and the claims pursued
  • noting that, in the context of a motion to transfer, misrepresentations and omissions are deemed to occur in the district where they were transmitted or withheld, not where they were received
  • explaining that “courts have noted that ‘in connection with,’ ‘relating to,’ and ‘associated with’ are all typically defined more broadly than ‘arising out of,’ and are not necessarily tied to the concept of a causal connection”
  • “the ‘governing law’ factor is to be accorded little weight on a motion to transfer venue because federal courts are deemed capable of applying the substantive law of other states.”
  • “the ‘governing law’ factor is to be accorded little weight on a motion to transfer venue because federal courts are deemed capable of applying the substantive law of other states.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Janet C. Hall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.