Joseph Monastiero v. AppMobi Inc.
Published: Mar. 7, 2015 | Result Date: May 15, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-05711-SI Bench Decision – Defense
Court
USDC Northern
Attorneys
Plaintiff
Eric A. Grover
(Keller Grover LLP)
Defendant
Thomas M. McInerney
(Ogletree, Deakins, Nash, Smoak & Stewart PC)
Facts
Joseph Monastiero sued his former employer, appMobi Inc.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he worked for defendant as Vice President of Business Development in Alameda County beginning in 2010. Plaintiff alleged that, under the employment agreement, he was entitled to commission fees, but that defendant refused to pay him. Plaintiff sued defendant, alleging breach of contract and sought compensatory and general damages as well as penalties under the Labor Code.
DEFENDANT'S CONTENTIONS:
Defendant, which was headquartered in Lancaster, Pennsylvania, alleged that plaintiff's employment agreement included a governing law clause that specified the Court of Common Pleas of Lancaster County as the forum of exclusive jurisdiction and venue for all matters related to the employment contract. It further specified that the law of Pennsylvania as the controlling law.
Defendant moved to dismiss plaintiff's complaint based on forum non conveniens.
Result
The court granted appMobi's motion to dismiss on grounds of forum non conveniens.
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