Legal Opinion
Mercer v. RAILDREAMS, INC.
District Court, E.D. New York
Decided April 7, 2010No. 1:09-cr-00013PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OF DECISION AND ORDER
SPATT, District Judge.
On January 5, 2009, Robert L. Mercer (“Mercer”) filed a complaint against Rail-dreams, Inc. (“Raildreams”) and Rail-dreams’ CEO Richard Taylor (“Taylor”) (collectively “the Defendants”) alleging that the Defendants overcharged him for constructing and installing a model railroad in his home. Presently before the Court is Taylor’s Fed.R.Civ.P. 12(b)(1) motion to dismiss the Complaint for lack of subject matter jurisdiction on the ground that a forum selection clause in the parties’ contract fixes Michigan as the appropriate venue. For the…
2Cases cited13 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Natalia Makarova v. United StatesCourt of Appeals for the Second Circuit · 2000
- Phillips v. Audio Active Ltd.Court of Appeals for the Second Circuit · 2007
- Roby v. Corp. of Lloyd'sCourt of Appeals for the Second Circuit · 1993
- New Moon Shipping Company, Limited and International Marine Investors and Management Corporation v. Man B & W Diesel AgCourt of Appeals for the Second Circuit · 1997
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