Making the right choice when it comes to selecting whether to file your commercial litigation complaint in state or federal court is very important. Obviously, you must assess which of the two will be the place where your interests are best protected, but that analysis and assessment are of no value if the court you picked lacked subject matter jurisdiction. Choosing the wrong court can cost you money and time and potentially damage your case. A skillful South Florida commercial litigation attorney can help you make certain the selection you make is the best one.
One way your opponent can potentially harm your case if it believes you’ve filed in the wrong court is by filing a motion to dismiss. To get an idea of how your business can successfully defeat this kind of motion, look at this recent commercial litigation action from here in South Florida. The party bringing the lawsuit was a software development firm that had purchased an exclusive license to a set of patents that involved the exchange of “reward” or “loyalty” points from one program to another. (For example, taking your airline miles and putting them toward a stay at a hotel.)
After the software company brought its new products to market, it discovered a problem, which was that many hotel franchisees had already begun using point-sharing software that, according to the software company, violated its exclusive license rights. In order to protect its position of exclusivity, the software firm launched a series of lawsuits in state court circuits around South Florida, including the Eleventh Circuit (Miami-Dade County,) the Fifteenth Circuit (Palm Beach County), and the Seventeenth Circuit (Broward County.)