Legal Opinion
Cottman Transmission Systems, Inc., a Pennsylvania Corporation v. Leonardo Martino and Trans One Ii, Inc., a Michigan Corporation
Court of Appeals for the Third Circuit
Decided September 20, 1994No. 94-1129PublishedCited by 324 opinions
1Opinion of the Court
OPINION OF THE COURT
WEIS, Circuit Judge.
In this breach of contract, unfair competition, and Lanham Act case, we determine that venue does not lie in a district where the individual defendant did not conduct his business and did not carry out any infringing activities. Therefore, a default judgment will be vacated, and the case will be transferred to the district where the defendant resides and carries on his business. Even though the individual defendant’s wholly owned corporation, a co-defendant, may have waived an objection to venue by failing to have an attorney appear on its behalf, we…
2Cases cited19 opinions
- Goldlawr, Inc. v. HeimanSupreme Court of the United States · 1962
- Leroy v. Great Western United Corp.Supreme Court of the United States · 1979
- Rita J. Minnette v. Time WarnerCourt of Appeals for the Second Circuit · 1993
- Vanity Fair Mills, Inc. v. The T. Eaton Co. Limited and John David EatonCourt of Appeals for the Second Circuit · 1956
- Dakota Industries, Inc. v. Dakota Sportswear, Inc.Court of Appeals for the Eighth Circuit · 1991
14 more not listed; retrieve them via the Exa API.
3Cited by324 opinions
- Zippo Manufacturing Co. v. Zippo Dot Com, Inc.District Court, W.D. Pennsylvania · 1997
- Daniel v. American Board of Emergency MedicineCourt of Appeals for the Second Circuit · 2005
- Employers Mutual Casualty Co. v. Bartile Roofs, Inc.Court of Appeals for the Tenth Circuit · 2010
- Gulf Insurance Company v. David Glasbrenner and Susan Glasbrenner, the Caldor Corporation F/k/a Caldor, Inc., Docket No. 04-0070-CvCourt of Appeals for the Second Circuit · 2005
- In Re Howmedica Osteonics Corp.Court of Appeals for the Third Circuit · 2017
319 more not listed; retrieve them via the Exa API.