Robertson v. Cartinhour
United States District Court for the Southern District of New York
2011 U.S. Dist. LEXIS 126030 (2011)
Wade Robertson (plaintiff) and William Cartinhour (defendant) formed a partnership for the purpose of bringing securities class action lawsuits. Both invested substantial amounts of money into the venture. Robertson was in charge of bringing the suits. Cartinhour executed an indemnity agreement giving Robertson certain rights. After Robertson failed to succeed with an appropriate suit despite investing considerable sums of the partnership’s money, Cartinhour demanded that his investment be returned and threatened to sue. Robertson responded by filing an action for breach of the indemnity agreement against Cartinhour in the United States District Court for the District of Columbia (D.C. Court). Robertson’s suit also named as defendants other attorneys alleged to have cooperated with Cartinhour and certain Serbian individuals. Cartinhour counterclaimed. The matter went to trial and the jury issued a verdict in favor of Cartinhour. At some point after the filing of the D.C. action, Robertson filed a second suit against Cartinhour and some of the same defendants from the D.C. matter (defendants) in the United States District Court for the Southern District of New York. The New York suit arose from the same events as the D.C. suit but it alleged fraud, defamation, tortious interference with contract, and other claims. The New York defendants moved to transfer the matter to the D.C. Court.
Rule of Law
Holding and Reasoning (Swain, J.)
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