Keeping the Dispute in the Home Court


Our client Compass Environmental filed suit against its subcontractor IDRA, Inc. based on a breach of contract arising out of IDRA's failure to complete its work at a project in Arizona. The contract between Compass and IDRA called for any litigation arising out of the contract to take place in Illinois. IDRA filed a motion to dismiss or transfer venue to Arizona based on an Arizona statute purporting to void the choice of venue or choice of law provision in construction contracts relating to sites in Arizona. However, Associate Eric Munoz researched the issue and drafted a response for Compass that carried the day. The Court adopted our view of the relationship of the various contractual provisions and our legal argument (that in a diversity case pending in federal court the enforceability of a choice of law/venue provision in a contract that is a question of federal common law, not any particular state's laws).

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