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Case Dismissed! A Tremendous Win for Cross-Border Litigation Client

On Behalf of | Jul 21, 2015 | Cross Border Litigation |

Lorandos Joshi has extensive experience working in cross-border litigation business cases, applying their knowledge and skill to obtain favorable results for the clients, whether it be a generous settlement offer, winning at trial or some other resolution. 

Recently, our Firm was retained by an Indian corporation specializing in developing and mixing various chemicals for corporate uses. Our Clients (the corporation and individual corporate executive) had dealt in arms-length business transactions with an Illinois corporation for the preparation and sale of certain chemicals. However, the relationship had broken down over payment disagreements and our Clients refused to conduct further business with this corporation. In response, our Clients were sued in Illinois state court under a tortious interference of a business expectancy theory, claiming over two million dollars in damages. Immediately we advised our Clients to move the case to federal court to take advantage of the cost effective filing system and motion practice – and to remove the matter from any potential local favoritism available to the opposing attorneys. After discussing the nature of case and arms-length transactions with the Clients, our Team recognized that the complaint failed to establish personal jurisdiction – a necessary legal component to sue someone. We also determined that the complaint failed to allege necessary facts to hold the corporation individual corporate executive liable even if jurisdiction existed. Instead of answering the complaint and engaging in a lengthy legal battle on these issues, our Team filed a motion to dismiss the complaint in its entirety before the federal judge, arguing that there could be no jurisdiction for the federal court over our Clients in India. If successful, this strategy would resolve the litigation with little expense (compared to the costs of intense business/corporate litigation). After reviewing our motion and the response from the Illinois Corporation, the federal judge agreed entirely with Lorandos Joshi’s argument and dismissed the complaint in its entirety. Not only is this case a significant win for our Clients, but it is also an example of the benefits of considering alternative defense strategies before responding to a complaint. Had our Team taken the typical approach and simply answered the complaint, our Clients would still be embroiled in a time and cost intensive lawsuit.