Legal Opinion
Quality Wood Designs, Inc. v. Ex-Factory, Inc.
District Court, D. South Dakota
Decided August 20, 2014No. CIV. 13-4101-RALPublishedCited by 4 opinions
1Opinion of the Court
OPINION AND ORDER CONCERNING MOTION TO DISMISS
ROBERTO A. LANGE, District Judge.
The motions to dismiss in this case present a difficult legal issue, as if a civil procedure professor and a Uniform Commercial Code professor conspired on a law school exam question, regarding whether some or all of the claims in this case arising out of the sale of a good must be litigated in North Carolina. The facts that relate to the legal issue framed are not in dispute, although other facts and circumstances certainly are.
*1140I. Facts Pertinent to Motions to Dismiss
Plaintiff Quality Wood Designs, Inc. (Quality…
2Cases cited30 opinions
- Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
- Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
- Bayway Refining Company, Tosco Corporation, Counter v. Oxygenated Marketing and Trading A.G., CounterCourt of Appeals for the Second Circuit · 2000
- Cicle v. Chase Bank USACourt of Appeals for the Eighth Circuit · 2009
- Jom, Inc., D/B/A Chipco International, Ltd. v. Adell Plastics, Inc.Court of Appeals for the First Circuit · 1999
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