History
  • No items yet
midpage
60 F. Supp. 3d 21
D.D.C.
2014
Read the full case

Background

  • Sabre International Security (Iraq) sued Torres Advanced Enterprise Solutions, LLC and individual officers (Jerry Torres, Scott Torres, Kathryn Jones, Rebekah Dyer) for breach of contract, tortious interference, and conversion related to the TWISS MATOC teaming agreement.
  • Sabre alleges the Individual Defendants secretly terminated the Teaming Agreement and competed directly, reducing Sabre prices, underpaying invoices, and usurping Sabre's scope of work.
  • Torres is Virginia-based; Sabre is Iraqi-based; TWISS MATOCs involved U.S. Government security work in Iraq from 2007–2010 under a Teaming Agreement with Torres as prime and Sabre as subcontractor.
  • The Court granted prior motions to dismiss Counts 15–17 and 20–22 but not Count 18; Sabre seeks personal jurisdiction over the Individual Defendants via minimum contacts and the Teaming Agreement’s forum clause.
  • Defendants moved to dismiss for lack of personal jurisdiction; Sabre opposed, citing (1) defendant-level contacts and (2) forum selection clause; the court considers both routes.
  • The court ultimately denied the motions to dismiss for lack of personal jurisdiction, holding the Individual Defendants are subject to the forum selection clause and thereby consent to jurisdiction in the District of Columbia.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the court has general or specific jurisdiction over the Individual Defendants under minimum contacts Sabre contends Torres' DC contacts can be imputed to individuals Defendants argue no sufficient minimum contacts exist for individuals No jurisdiction under minimum contacts over the Individual Defendants
Whether the Individual Defendants are bound by the Teaming Agreement's forum selection clause Clause should bind individuals as closely related participants Clause binds only parties to the contract; nonparties cannot be bound Individual Defendants are bound by the forum selection clause and consent to DC jurisdiction

Key Cases Cited

  • Daimler AG v. Bauman, 134 S. Ct. 746 (2014) (general jurisdiction requires essentially at-home status)
  • Calder v. Jones, 465 U.S. 783 (1984) (employee contacts not automatically tied to employer contacts)
  • Marra v. Papandreou, 59 F. Supp. 2d 65 (1999) (closely related forum-selection binding non-parties (D.D.C.))
  • Holland Am. Line Inc. v. Wartsila N. Am., Inc., 485 F.3d 450 (9th Cir. 2007) (forum-selection clause can bind nonparties in appropriate circumstances)
  • Lipcon v. Underwriters at Lloyd's London, 148 F.3d 1285 (11th Cir. 1998) (forum-selection clauses extend to closely related nonparties)
  • Shaheen v. Smith, 2013 WL 5995619 (D.D.C. 2013) (forum selection clause distinctions in nonparty contexts)
Read the full case

Case Details

Case Name: Sabre International Security v. Torres Advanced Enterprise Solutions, LLC
Court Name: District Court, District of Columbia
Date Published: Jun 16, 2014
Citations: 60 F. Supp. 3d 21; 2014 U.S. Dist. LEXIS 81349; 2014 WL 3859164; Civil Action No. 2011-0806
Docket Number: Civil Action No. 2011-0806
Court Abbreviation: D.D.C.
Log In
    Sabre International Security v. Torres Advanced Enterprise Solutions, LLC, 60 F. Supp. 3d 21