DiFranco v. Jeff Couch's RV Nation
1:24-cv-00498
S.D. OhioMay 20, 2025Background
- Plaintiffs Nolan and Alischa DiFranco purchased an RV from Jeff Couch's RV Nation based on representations about its condition and warranties.
- Upon delivery, the RV had multiple defects and issues, including water damage and missing parts, that the defendants allegedly ignored.
- Plaintiffs sued in Ohio state court, alleging violations of state and federal law, including Ohio's Consumer Sales Practices Act and the Magnuson Moss Act.
- Heartland Recreational Vehicles, the RV's manufacturer and distributor, sought to dismiss or transfer the case to Indiana based on a forum selection clause in its warranty.
- Plaintiffs sought voluntary dismissal of Heartland and federal claims if venue was transferred, then requested remand to state court.
- No remaining defendants opposed plaintiffs' motion for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Dismissal for improper venue | Forum selection clause shouldn't render venue improper | Enforcement of forum selection clause mandates dismissal | Clause does not make venue improper; motion denied |
| Transfer to Indiana | Forum selection clause is unconscionable; inconvenience | Transfer required by valid, enforceable forum selection clause | Clause enforceable; transfer would be proper |
| Voluntary dismissal of Heartland | No prejudice to Heartland; litigation at early stage | No opposition; already moved for dismissal without prejudice | Dismissal of all claims against Heartland granted |
| Remand to state court | Federal jurisdiction lost after federal claims (and Heartland) dismissed | No response or opposition | Remand to Ohio state court granted |
Key Cases Cited
- Atl. Marine Constr. Co. v. United States Dist. Court, 571 U.S. 49 (enforcement of valid forum selection clauses under §1404(a))
- Kerobo v. Southwestern Clean Fuels, Corp., 285 F.3d 531 (forum selection clause does not deprive court of proper venue)
- Wong v. PartyGaming Ltd., 589 F.3d 821 (enforcement and validity parameters for forum selection clauses)
- Grover by Grover v. Eli Lilly & Co., 33 F.3d 716 (factors for granting voluntary dismissal under Rule 41(a)(2))
- Gamel v. City of Cincinnati, 625 F.3d 949 (declining supplemental jurisdiction when federal claims dismissed)
- Musson Theatrical, Inc. v. Fed. Exp. Corp., 89 F.3d 1244 (when courts should exercise supplemental jurisdiction after federal claims dismissed)