Legal Question in Business Law in Michigan

Jurisdiction

I have been sued by a former employer for business interference and unfair competition. These actions

were alleged to have taken place in a 4 week period

after my employer lost his contract to offer coures

with a University in Michigan.

My role was as Manager of the computer teaching labs in Illinois. I was also an instructor for these same labs.

I had no role in managing any affairs in Michigan. In

my entire time (approximately 9 months) working for this firm I only visited Michigan twice. None of the alleged activities I am accused of took place during these trips.

All of the activities as well as the majority of my witnesses reside in Illinois.

My question is whether I can now dismiss the case against

me for improper jurisdiction. I am being sued along with

3 other defendants, one of which is the University located

in Michigan. I am also being accused of collusion with the other 3 defendants in planning to take over the ex-employers business following termination of the contract between my ex-employer and the University.

I must respond within 20 days. The summons was filed July 23, 2003, and I received it on July 26, 2003, in a US District Court in Michigan.


Asked on 7/29/03, 1:03 am

2 Answers from Attorneys
Dennis VanDerGinst VanDerGinst, Roche & Westensee, Ltd.

Re: Jurisdiction

We are in receipt of your e-mail of 07/29/03. Unfortunately, our caseload at this time is such that we would be unable to devote the attention to your case that it deserves and must decline representation. We sincerely appreciate your interest in our firm.

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Answered on 7/29/03, 2:48 pm
Patricia Prince Patricia Gormely Prince, P.C.

Re: Jurisdiction

There are two types of jurisdiction - subject matter and personal. I am assuming that this lawsuit is based on "diversity" jurisdiction, and not a federal statute. If so, we need to establish the domicile (including principle place of business and state of incorporation) of each party. In order to satisfy diversity jurisdiction, there must be "absolute" diversity. That means that no plaintiff and defendant can have the same domicile. You indicated that you are from Illinois and that there is another defendant (a university) in Michigan. Where are the other defendants and the plaintiff located? This is crucial to determining whether diversity jurisdiction actually exists. If it does not, then you can move for a dismissal.

Personal jurisdiction really means a court's power over the person. The issue of personal jurisdiction is not always straighforward, so I need some additional information. A federal court sitting in Michigan can only exercise personal jurisdiction to the same extent as a Michigan state court could. Were you served in Michigan or Illinois? If you were in Michigan when served, then you're pretty well stuck; if not, then (based on what you wrote) you can file a motion to dismiss and argue that you did not have sufficient contacts with Michigan to warrant the exercise of personal jurisdiction over you. Such arguments can be quite complicated and are very fact intensive.

Even if personal jurisdiction is found to exist, you can still ask the federal court for a change of venue to Illinois based on severe inconvenience to you. This is called "forum non conveniens." I would not hold your breath on this working because Illinois is not far from Michigan.

You might want to enlist an attorney to assist you with this.

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Answered on 7/29/03, 8:42 am


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