760 F. Supp. 2d 90
D.D.C.2011Background
- Plesha is a Washington, D.C.-based lobbyist who contracted with Ferguson LLC to provide services related to DoD appropriations for FY 2007-2008.
- Ferguson Inc. is an Illinois corporation owned by Ferguson III, with Ferguson IV operating Ferguson LLC as a related entity.
- The contract required Ferguson LLC to pay Plesha fees and reimburse expenses for an initial year with month-to-month renewal through February 28, 2009.
- Plesha alleges Ferguson LLC ratified the contract and that Ferguson Inc. benefited from and was obligated under the contract.
- Beginning around April 2007, Ferguson LLC allegedly failed to make timely payments, allegedly constituting a material breach.
- Ferguson Inc. moves to dismiss for lack of personal jurisdiction; the court stays discovery and denies the motion without prejudice to reassert after discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ferguson Inc. transacted business in DC via agency | Plesha asserts Ferguson LLC acted as Ferguson Inc.'s agent for the contract. | Ferguson Inc. argues no agency relationship existed with Ferguson LLC. | Denied without prejudice; discovery needed to determine agency existence. |
Key Cases Cited
- Digital Broadcast Corp. v. Rosenman & Colin, LLP, 847 A.2d 384 (D.C. 2004) (contracts with DC professionals support jurisdiction)
- Fisher v. Bander, 519 A.2d 162 (D.C. 1986) (agency-based personal jurisdiction under long-arm statute)
- Railan v. Katyal, 766 A.2d 998 (D.C. 2001) (burden to prove agency relationship for jurisdiction)
- Crane v. Carr, 814 F.2d 758 (D.C. Cir. 1987) (liberal standards for jurisdictional discovery; burden on plaintiff)
- Second Amendment Found. v. U.S. Conference of Mayors, 274 F.3d 521 (D.C. Cir. 2001) (agency principles relevant to jurisdiction)
- Cooper v. Epstein, 308 A.2d 781 (D.C. 1973) (issues of agency and principal-liability in contracts)