Flava Works, Inc. v. Rowader, No. 12 C 7181, Slip Op. (N.D. Ill. Nov. 16, 2012) (Lefkow, J.).
Judge Lefkow denied defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiff Flava Works copyright suit for lack of jurisdiction and improper venue. Defendant - a California citizen who did not direct any business at Illinois - would not have been subject to general or personal jurisdiction in Illinois. But defendant accepted a valid forum selection clause including Chicago by using Flava Works’ website. While it could be considered an un-negotiable contract of adhesion, defendant could have used another website with a different forum selection clause.
Flava Works, Inc. v. Terry, No. 12 C 1884, Slip Op. (N.D. Ill. Oct. 11, 2012) (Coleman, J.).
Judge Coleman granted defendant’s motion to transfer this copyright and trademark infringement case to the M.D. Florida. As an initial matter, defendant did not waive the issue of personal jurisdiction because the answer contested it. While there was at least one witness and some documents in Illinois, defendant, much of plaintiff’s business and many of the documents were in Florida. The Court, therefore, transferred the case to Florida.
Flava Works, Inc. v. Momient, No. 11 C 6306, Slip Op. (N.D. Ill. Aug. 6, 2012) (Shadur, Sen. J.).
Judge Shadur vacated a default judgment entered against defendant based upon defendant’s explanation for his non-appearance. But the Court warned that defendant must revise his proposed answer to:
- Remove denials of statements for which defendant lacked information and belief; and
- Revised his affirmative defenses down from its list of 21.