Legal Opinion
N. Parent, Inc. v. Cotter & Co. (In Re N. Parent, Inc.)
United States Bankruptcy Court, D. Massachusetts
Decided June 26, 1998No. 19-40011PublishedCited by 45 opinions
1Opinion of the Court
MEMORANDUM OF DECISION
HENRY J. BOROFF, Bankruptcy Judge.
Before the Court for determination is the “Defendant’s Motion to Dismiss” this adversary proceeding filed by Cotter & Company (“Cotter”). 1 In its complaint, the Debtor N. Parent, Inc. (“N. Parent” or the “Debtor”) makes various claims against Cotter. Those claims are set forth in fourteen (14) different counts. Cotter argues that dismissal of all of Cotter’s claims is required under Fed. R.Civ.P. 12(b)(3) 2 for improper venue, and relies on a forum selection clause allegedly contained in a franchise agreement between the parties (the…
2Cases cited110 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
- Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
105 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Mullarkey v. TamboerCourt of Appeals for the Third Circuit · 2008
- Irwin Halper v. Barry HalperCourt of Appeals for the Third Circuit · 1999
- Astropower Liquidating Trust v. Xantrex Technology, Inc. (In Re Astropower Liquidating Trust)United States Bankruptcy Court, D. Delaware · 2005
- Statutory Committee of Unsecured Creditors Ex Rel. Iridium Operating LLC v. Motorola, Inc. (In Re Iridium Operating LLC)District Court, S.D. New York · 2002
- Trust v. C.I.B.C. Oppenheimer Corp.District Court, S.D. Texas · 1999
40 more not listed; retrieve them via the Exa API.