Everlast World's Boxing Headquarters v. Ringside

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice

New York Law Journal

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Judge Paul Engelmayer

Everlast World's Boxing Headquarters Corp. sued Ringside Inc., Combat Brands, LLC, and RAL, LLC for breach of contract. Everlast was a New York corporation, while Ringside, Combat, and RAL were all Kansas companies. Defendants moved to transfer the case to Kansas. The underlying agreements had been negotiated in New York, where Ringside had frequent business transactions. Everlast argued that as successors to Ringside, Combat and RAL were appropriately sued in New York. The court granted the motion to transfer venue, finding that the relevant factors under 28 U.S.C.§1404(a) lopsidedly favored transfer to Kansas. Combat and RAL had identified witnesses who lived in or near Kansas, and who would be inconvenienced by having to testify in New York. Since Combat and RAL had attested, without meaningful refutation, that costs associated with litigation in New York would burden them as small companies, the court found convenience of the parties weighed in favor of Combat and RAL. Everlast's alter ego theory turned on business activities among defendants that undisputedly occurred in Kansas, not New York.

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