Wednesday, May 5th, 2010...8:24 am
DAlaska: Proper Venue
U S District Judge Ralph Beistline has denied a Georgia firm’s motion to transfer venue of a building dispute from Alaska to Georgia, despite the parties’ agreement to apply Georgia law. The Georgia firm had contracted to build facilities in Kotzebue and Kivalina.
Beistline held that the parol evidence rule barred admission of testimony that the parties had agreed during negotiations to use Georgia courts. He held that the focus of the dispute, access to physical evidence, and need to obtain testimony from non-party witnesses favored Alaska. These factors outweighed the incorporation of Georgia law, and thus favored retention of venue of Alaska, according to Beistline. Manilaq Association v. International Disaster Services, LLC, 2010 WL 1688952 (D.Alaska Apr. 23, 2010).
Jonathon Katcher of Pope & Katcher represents plaintiff Manilaq. Jimmy White of Hughes Gorski, also of Anchorage, represents IDS.
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