Menz Bonner Komar & Koenigsberg LLP Obtains Dismissal of Federal Court Lawsuit for Lack of Jurisdiction Over Belgian and Dutch Companies
On May 16, 2012, United States District Judge Robert Sweet of the Southern District of New York granted the motion filed by partners Patrick Bonner and Michael Komar of Menz Bonner Komar & Koenigsberg LLP to dismiss a lawsuit brought against Belgian and Dutch companies. The lawsuit asserted a claim for breach of contract concerning an alleged letter agreement among the parties. The letter agreement was negotiated and signed in Europe, but the lawsuit was filed in New York state. Judge Sweet accepted and agreed with the firm's arguments that there were insufficient contacts with New York to justify maintaining the lawsuit in the New York courts. The court held that continuing the lawsuit against the Firm's clients would violate due process and offend "traditional notions of fair play and substantial justice.