3-2 Connection Between Injury and Forum
| Jurisdiction | United States |
3-2 Connection Between Injury and Forum
Generally speaking, a plaintiff's venue choice is to be respected.2 However, the plaintiff must be able to demonstrate a connection between his or her injury and the forum.3
Moscowitz v. Odlham4 held that a legal malpractice case was improperly filed in Brevard County.5 The underlying suit, in a federal court in Orange County, named as defendants Oldham and a Tennessee corporation he controlled. Oldham retained both a Virginia law firm and a Miami lawyer to represent him.
After a default judgment was entered against him for failing to file a responsive pleading, Oldham met in Brevard County with a lawyer from the Virginia law firm. During the meeting he was directed to sign a false affidavit and then prepped for the hearing to set aside the default. These...
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