Achieving Desirable Results for Our Clients

Konowitz & Greenberg strives to provide unparalleled service and results to its individual and business litigation clients, no matter where the dispute may occur. Recently, Konowitz & Greenberg succeeded in obtaining the dismissal of claims filed against one of its clients in Maine. That case, filed by one partner against the other members of a partnership established for the purpose of owning and operating a commercial property in Maine, alleged a breach of fiduciary duties and obligations by the partners and sought an accounting, the appointment of a receiver over the Maine property and the dissolution of the partnership.

Representing the defendant partners, Konowitz & Greenberg moved to dismiss the case on the grounds of forum non conveniens, arguing that Maine, despite being the location of the property, was an inconvenient and improper forum since all of the partners were located in Massachusetts, all documents and witnesses were in Massachusetts, and the claims were intertwined with other business ventures between the partners that had been pursued in Massachusetts. Simultaneously, Konowitz & Greenberg filed suit in Massachusetts on behalf of our clients and against the plaintiff in the Maine litigation, asserting claims related to those other business ventures between the partners as well as to the Maine property.

The Maine court granted the motion to dismiss, ruling that Maine was “a seriously inconvenient forum for the trial of the matter.” The court held that “because the partners are also parties to litigation in Massachusetts, which litigation in part includes the subject matter of this action, dismissal of this action would further the ends of justice and promote convenience of the suit for the parties.”

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