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business partners suing me in multiple venues

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my former business partners are suing me for breach of fiduciary duty etc as a response to me claiming oppression and deadlock and trial is set for march. they have now launched a separate lawsuit for the same claim in canada(we are all the same ownership in both countries, canada is a shell company to be able to do business in the usa) and i feel like they are just trying to do this because my resources are depleted and they have the full corporate arm to use since ive been locked out. is it legal and proper to sue in two venues for the same claim?
 


Just Blue

Senior Member
my former business partners are suing me for breach of fiduciary duty etc as a response to me claiming oppression and deadlock and trial is set for march. they have now launched a separate lawsuit for the same claim in canada(we are all the same ownership in both countries, canada is a shell company to be able to do business in the usa) and i feel like they are just trying to do this because my resources are depleted and they have the full corporate arm to use since ive been locked out. is it legal and proper to sue in two venues for the same claim?
What US State?
 
the state is north dakota. trial is set for march, and i was served yesterday for a lawsuit in alberta canada for the exact same claim. is there not some sort of rule against jurisdiction shopping?
 

FlyingRon

Senior Member
the state is north dakota. trial is set for march, and i was served yesterday for a lawsuit in alberta canada for the exact same claim. is there not some sort of rule against jurisdiction shopping?
Jurisdiction shopping is distinct from bringing a suit in multiple locations. Jurisdiction shopping just means looking for a court you think will be more friendly to your side. It can be done provided that the jurisdiction and venue is appropriate. If it had been brought in multiple US courts, you probably could get the additional ones stayed until the first was decided (judges hate wasting their time hearing things that are being heard elsewhere). However, I'm not sure what the impact of the Canadian lawsuit would be on this.

In addition to the "same claim" is it the same plaintiff in both suits?
 
the alberta corporation was formed since 3/4 partners are canadian, including myself. we are all 25% owners. the alberta company owns a patent for which i was the inventor, and its sole line of business is renting the equipment covered by the patent to the north dakota company. the north dakota company represents 100% of the business conducted by the alberta company. of the 4 partners there were only 2, myslef and another canadian that actually worked for the company. after a number of very lucrative years, i lost my proverbial butt in a brutal high conflict divorce, and my parnters beagn freezing me out, seemingly since they know longer needed my specialized expertise and network since the company was well established and successful and they began treating me very differently. i approached them in a friendly way hoping to resolve the situation since it was the other 75% wish to groom the company and sell out, that we could reach a buyout comrpomise. they played along for awhile then realized i was badly low on money and opted to sue me for breach of fiduciary duty and a few other unfounded and untrue things. i countersued for oppression. ive been managing with a very young and inexperienced attorney who has agreed to work on contingency, but its very hard fought. trial is now set for march, and we have had to file several motions to compel to even get information from the company necessary to our defense as well as our suit. now, as of yesterday they have opted to sue me in alberta for the exact things they initiated action against me here for, two years ago despite denying our suggestions to join the matters.
 
i direct all my questions to him but he is young, inexperienced and any extra help and guidance i can glean is always appreciated
 

adjusterjack

Senior Member
You will need a Canadian attorney for the Alberta lawsuit unless your US attorney is also licensed to practice law in Canada or can be authorized (pro hac vice) to practice in Canada for just that lawsuit.
 
if we are successful in a joinder motion in north dakota will i still need the canadian attorney or can i file a motion to dismiss
 

doucar

Junior Member
You will need a Canadian attorney to appear on your motion in Canada. I doubt that a North Dakota court would have any jurisdiction over court proceedings in Canada.
 

quincy

Senior Member
the state is north dakota. trial is set for march, and i was served yesterday for a lawsuit in alberta canada for the exact same claim. is there not some sort of rule against jurisdiction shopping?
You will want to discuss the Canadian lawsuit with a Canadian lawyer and the US lawsuit with a US lawyer. The laws and rules of procedure in Canada are not the same as they are in the US.

It is important to understand the differences in court rules so you don’t miss filing dates.
 

FlyingRon

Senior Member
Joinder is to bring multiple different claims arising from the same event. These almost always have to be in the same venue. You're certainly not getting one between Canada and the US. You don't even typically get them between different states (or a state and federal). As I stated what you usually get is the action stayed in one venue pending the decision in the other.
 

quincy

Senior Member
Joinder is to bring multiple different claims arising from the same event. These almost always have to be in the same venue. You're certainly not getting one between Canada and the US. You don't even typically get them between different states (or a state and federal). As I stated what you usually get is the action stayed in one venue pending the decision in the other.
In the US, this would be common in lawsuits like class action suits and copyright infringement suits.

Because the breach of fiduciary duty claims are filed in two different countries and are not simple matters even without this complication, it does not seem like the best time to have a “very young and inexperienced” lawyer.
 

FlyingRon

Senior Member
While you can think of class action as a supersized joinder action, it has different (at least federal) requirements that make it distinct from a joinder. But either way it's not likely applicable here.
 

quincy

Senior Member
While you can think of class action as a supersized joinder action, it has different (at least federal) requirements that make it distinct from a joinder. But either way it's not likely applicable here.
I agree it’s not likely applicable here. :)
 

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