Jurisdiction – Forum selection clause – Fees

Where a defendant’s motion to transfer venue to the Northern District of Ohio was allowed, the defendant should be awarded counsel fees as a sanction for the plaintiff’s litigation conduct.

“Precision Wire Forms, Inc. (‘Precision’) brought this contract action against Lincoln Electric Automation, Inc. (‘Lincoln Electric’). On October 26, 2023, the Court granted Lincoln Electric’s motion to transfer venue to the Northern District of Ohio, the forum specified in the applicable contract’s forum selection clause (ECF No. 45). The Court also directed Lincoln Electric to submit a reasonable formulation of the costs and fees associated with its motion to transfer venue as a sanction for Precision’s litigation conduct. Before the Court is Lincoln Electric’s motion for attorney fees (ECF No. 46).

“The motion to transfer hinged entirely on the forum selection clause. That clause was included in the contract’s terms and conditions, attached as the last two pages of Lincoln Electric’s offer. But Precision maintained for months that it never received the last two pages of the offer.

“After months of representing to this Court that it never received the forum selection clause, Precision located the missing pages with ease. It did so only after an order compelling production of the email. The Court thus found it appropriate to sanction Precision by awarding Lincoln Electric the fees associated with litigating its motion to transfer.

“Lincoln Electric requests $52,665.00 in attorney fees and costs. That amount is comprised of the following: $41,480.10 in fees for its motion to transfer; $1,515.30 in costs associated with its motion to transfer; and $9,669.60 in fees for the instant motion for attorney fees.

“Based on the foregoing, this Court will grant Lincoln Electric’s motion and order Precision to pay Lincoln Electric’s reasonable attorney fees of $21,891.00 and its reasonable costs of $1,035.30 for a total sanction of $22,926.30.”

Precision Wire Forms Inc v. Lincoln Elec. Automation Inc.; MiLW 03-108007, 10 pages; U.S. District Court for the Western District of Michigan; Jarbou, J.

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