May 5, 2022

Fishkin Lucks Wins Motion to Dismiss in Western District of Pennsylvania

The Firm scored an early victory today in the United States District Court for the Western District of Pennsylvania, securing an order dismissing the Firm’s client, a publicly traded chemical distributor, from a third-party action for contractual indemnification and common law contribution. After a lengthy hearing, the Court found that a forum selection clause in the parties’ agreement mandated that the action be litigated in Virginia, notwithstanding the third-party plaintiff’s arguments that the clause was unreasonable and otherwise unenforceable.