Legal Definitions - imported litigation

Imported litigation refers to a lawsuit that is filed in the courts of a state that has no direct connection or stake in the dispute itself. This means the state's legal system is being used to resolve a conflict that originated, and primarily belongs, elsewhere, with no significant ties to that particular jurisdiction.

Here are some examples to illustrate this concept:

• Example 1: Business Contract Dispute
  Imagine a software company based in California enters into a contract with a marketing firm located in New York. The contract specifies that all services will be performed in Texas. A dispute arises over the quality of the marketing services, and the California company decides to file a lawsuit against the New York firm in a court in Florida.

  How it illustrates imported litigation: Florida has no direct connection to either company's headquarters, the location where the contract was made, or the place where the services were performed. The dispute has been "imported" into Florida, a state that lacks a substantive interest or connection to the core elements of the case.

• Example 2: Product Liability Claim
  A consumer residing in Oregon purchases a household appliance manufactured by a company based in Washington. The appliance malfunctions and causes an injury to the consumer while they are visiting family in Idaho. Instead of suing in Oregon (where they live), Washington (where the manufacturer is), or Idaho (where the injury occurred), the consumer files a lawsuit against the manufacturer in a court in Montana.

  How it illustrates imported litigation: Montana has no connection to the consumer's residence, the manufacturer's location, or the place where the injury took place. The lawsuit is brought in a state that has no direct stake or involvement in the underlying facts of the product liability claim.

• Example 3: Real Estate Investment Dispute
  Two business partners, one living in Arizona and the other in Colorado, jointly invest in a commercial property located in Nevada. A disagreement arises between them regarding the management and profits from this property. Rather than filing a lawsuit in Arizona, Colorado, or Nevada, one partner initiates legal proceedings in a court in Utah.

  How it illustrates imported litigation: Utah has no direct connection to the residences of the partners or the location of the disputed property. The legal conflict, which originates and has its core connections elsewhere, has been brought into a state with no inherent interest in its resolution.