Tradimpex Egypt Company v. Biomune Company
1:10-cv-00757
D. Del.Apr 14, 2011Background
- Tradimpex and Biomune entered an agency/distribution agreement in 2001 under which Tradimpex acted as Biomune's importer/distributor in Egypt.
- In 2009 Biomune designated Axis Agency Services as Biomune's agent for Egypt, replacing Tradimpex for most Biomune products.
- Tradimpex filed suit alleging Biomune breached the agreement by appointing Axis and by limiting Tradimpex's rights.
- Biomune counterclaimed for breach of contract (invoices and returns) and indicated it would amend if the court dismissed the action.
- Tradimpex had previously pursued several actions in Egypt related to the same agreement; Biomune moved to dismiss for forum non conveniens or, alternatively, to transfer to Kansas.
- The court denied dismissal for forum non conveniens and denied transfer to Kansas, proceeding with the Delaware action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| forum non conveniens adequacy of Egyptian forum | Tradimpex argues Egypt is an adequate forum and should adjudicate | Biomune contends Egypt is adequate and favors dismissal | Egypt not adequate; forum non conveniens dismissal denied |
| deference to plaintiff's forum choice | Delaware forum should be afforded deference as plaintiff's choice | Plaintiff's foreign status reduces weight of choice | Delaware choice afforded deference; not dismissed |
| private/public factor balance for transfer | Delaware ties and Biomune's Delaware incorporation favor maintaining forum | Kansas would be more convenient; private factors favor transfer | Private factors slightly favor Kansas; public factors neutral; transfer denied |
| transfer under 28 U.S.C. § 1404(a) to Kansas | Choice of forum should not be lightly disturbed | Kansas is more convenient; witnesses/evidence located there | Motion to transfer denied; plaintiff's forum choice preserved |
Key Cases Cited
- Delta Air Lines, Inc. v. Chimet, 619 F.3d 288 (3d Cir. 2010) (forum non conveniens analysis factors and standard)
- Gulf Oil Corp. v. Gilbert, 330 U.S. 501 (Supreme Court 1947) (importance of balancing private and public interests)
- Windt v. Qwest Communications Int'l, Inc., 529 F.3d 183 (3d Cir. 2008) (private/public factors and deference to plaintiff’s forum)
- Jumara v. State Farm Ins. Co., 55 F.3d 873 (3d Cir. 1995) (private/public interest factor framework for transfer)
- Shutte v. Armco Steel Corp., 431 F.2d 22 (3d Cir. 1970) (plaintiff’s forum choice should not be lightly disturbed)
- L'Athene, Inc. v. EarthSpring LLC, 570 F. Supp. 2d 588 (D. Del. 2008) (balance of convenience and transfer considerations)