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Legal negligence
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Breach of contract
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Breach of fiduciary duty
Jurisdiction Challenge and Motion to Dismiss
After the case was removed to federal court in May, Porzio Bromberg quickly filed a motion to dismiss, arguing that the Louisiana court lacked jurisdiction over the Morristown, New Jersey-based firm. In the motion, the firm asserted it had no operations in Louisiana, nor had it conducted business there — aside from its work for RemoteMD, a Delaware-registered LLC.
The firm also noted that the only physical meeting related to RemoteMD took place in Houston, Texas, and that all other relevant activities were based in New Jersey.
Agreement to Transfer: Avoiding Dismissal
Following jurisdictional discovery, both sides agreed that New Jersey was the appropriate venue. In the joint motion, the parties stated:
“The interest of justice is served: because all parties consent to the venue of United States District Court for the District of New Jersey; because the parties agree that, and all facts known to the parties suggest that, the United States District Court for the District of New Jersey has jurisdiction; because there is greater access to witness and evidence in New Jersey; because the New Jersey District Court for the District of New Jersey is less congested; and because no parties’ rights would be prejudiced by the transfer.”
Porzio Bromberg and Wheatley-Liss confirmed that, if the transfer were granted, their previous dismissal motion would be moot.
