Q: Can I sue this business in a NYC court or must it be in Florida? They have a NYC office and only owner lives there.
"This Agreement shall be governed by the laws of the State of FL without regard to choice of law principles, regardless of where Contractor's work is performed. Company and Contractor hereby irrevocably submit to the jurisdiction of any court (state or federal) located within the State of FL in any action, suit, or proceeding brought against or relating to or in connection with this Agreement or any transaction contemplated hereby, and to the extent permitted by applicable law, each party hereby waives and agrees not to assert by way of motion, as a defense or otherwise, in any such suit, action or proceeding, any claim that either he is not personally subject to the jurisdiction of such courts, that the suit, action, or proceeding is brought in an inconvenient forum, that the venue of the suit, action, or proceeding is improper, or that this Agreement or any instrument, agreement, or document referred to herein or the subject matter hereof may not be litigated in or by such courts."
A: The grammar here is awkward. I think it means you have to agree to FL, but any other place where regular jurisdiction can be obtained is not precluded. Thus, NY looks fine.
A: NYC courts can apply FL law, you have consented to jurisdiction in FL, but even so, if you or your company is a domiciliary of NY you can try to sue here, just don't be surprised if they try to move it to FL and if you eventually find yourself in court there. Feel free to reach out to me privately to discuss this further and some other options you may have, just email me.
A: That sounds like a Choice of Law provision requiring suit in FL. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: Since it seems like this provision is not an exclusive one, that may be beneficial to you. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AEesq.com. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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