· 5/14/2010
Tattoo Art, Inc. v. TAT International, LLC
Citations
- 711 F. Supp. 2d 645
- 2010 U.S. Dist. LEXIS 50342
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the plaintiff “failed to satisfy the condition precedent necessary to trigger the right to initiate litigation” in an agreement that required “mediation . . . prior to filing any action”
- stating that the “failure to mediate a dispute pursuant to a contract that makes mediation a condition precedent to filing a lawsuit warrants dismissal”
- granting defendants’ motions to dismiss based on plaintiff s failure to request mediation before filing suit as required by parties’ contract
- granting motion to dismiss for lack of subject matter jurisdiction due to plaintiff’s failure to engage in mediation prior to commencing litigation
- finding dismissal was warranted when party failed to mediate a dispute pursuant to a contract making mediation a condition precedent to filing a lawsuit
- requiring dismissal because “[a]s with any other contract, this Court cannot simply ignore the clear intent of the parties”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mark S. Davis
Read full opinion on CourtListenerSourced 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.