Lawyer Commentary JD Supra United States May a lawsuit proceed in a state in which downline distributors reside when the dispute is actually between two non-resident companies?

May a lawsuit proceed in a state in which downline distributors reside when the dispute is actually between two non-resident companies?

Document Cited Authorities (15) Cited in Related
Quixtar, Inc. v. Signature Management Team
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Quixtar, Inc. v. Signature Management Team
Case: Quixtar Inc. v. Signature Management Team (2010)
Subject Category: State Courts, Texas, Civil procedure
Agency Involved: Private civil suit
Court: Supreme Court of Texas
Case Synopsis: Quixtar terminated Signature Management Team's IBO contract. Both companies are
based in Michigan. Several of Signature Management Team's Individual Business Operators (IBOs) filed
lawsuits against Quixtar, including one in Texas. Quixtar moved for dismissal of the Texas case on the
doctrine of forum non conveniens, meaning that the forum is not convenient because the dispute was
between two Michigan companies, and Michigan, not Texas, is the proper forum.
Legal Issue: May a lawsuit proceed in a state in which downline distributors reside when the dispute is
actually between two non-resident companies?
Court Ruling: No. The Supreme Court of Texas found that the trial court did not abuse its discretion in
allowing the forum non conveniens dismissal. Although ordinarily a resident plaintiff's choice of forum
deserves deference, a nonresident plaintiff's choice deserves less deference. The lawsuit was primarily a
dispute between Michigan companies and there was no reason to have the case heard in Texas.

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