Ginsey Industries, Inc. v. I.T.K. Plastics, Inc.

545 F. Supp. 78 (1982)

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Ginsey Industries, Inc. v. I.T.K. Plastics, Inc.

United States District Court for the Eastern District of Pennsylvania
545 F. Supp. 78 (1982)

  • Written by Liz Nakamura, JD

Facts

Ginsey Industries, Inc. (plaintiff), a Pennsylvania corporation with a primary place of business in New Jersey, purchased plastic for commercial use from I.T.K. Plastics, Inc. (defendant), a Massachusetts corporation. Ginsey submitted two orders for plastic, one in August 1981 and the other in November 1981. Ginsey did not pay for the August 1981 order, allegedly due to quality concerns. I.T.K. sued Ginsey in Massachusetts district court over Ginsey’s failure to pay for the August 1981 order. Ginsey paid for the November 1981 order, but then sued I.T.K. in Pennsylvania district court seeking consequential damages, alleging that I.T.K.’s plastic was defective. In Pennsylvania district court, I.T.K. moved to either (1) dismiss Ginsey’s complaint for lack of personal jurisdiction; or (2) transfer the Pennsylvania case to Massachusetts. I.T.K. argued the transfer to Massachusetts was warranted because then the two pending cases between Ginsey and I.T.K. could be heard by the same court. In response, Ginsey argued that, if the Pennsylvania case were transferred, it should be transferred to New Jersey. It was undisputed that I.T.K. had sufficient contacts with New Jersey for New Jersey to have personal jurisdiction over I.T.K.

Rule of Law

Issue

Holding and Reasoning (Pollak, J.)

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