NATIONAL MICROGRAPHICS SYSTEMS, INC., Plaintiff, v. CANON U.S.A., INC., Defendant., 825 F. Supp. 671

Summary

The New York corporation sought to dismiss the corporation's action for improper venue or to change the venue. The court held that the New York corporation was not entitled to have the action dismissed because the court had personal jurisdiction over the New York corporation. However, a transfer of the action was warranted in light of the two forum selection clauses in the agreements between the corporation and the New York corporation. The forum selection clauses were not included in the contracts as a by-product of fraud or coercion. The New York corporation was also entitled to a transfer under 28 U.S.C.S. § 1404(a) because the forum sought by the New York corporation was convenient for the New York corporation and no less convenient for the corporation that the court, none of the witnesses were located in the court's district, none of the documents related to the litigation were located in the court's district, and none of the central facts of lawsuit occurred within the court's ...