Published: April 30, 2019
Pastore & Dailey represented a New York plaintiff in connection with a dispute over services provided in association with the acquisition and management of various oil and gas properties in Abilene, Texas. In anticipation of this suit, Defendants wrongfully instituted an anticipatory action in the Federal District Court for the Northern District of Texas.
Pastore & Dailey submitted a Motion to Dismiss the Texas action based on the premise that the action was anticipatory of the New York Action and was an act of inequitable forum shopping. The Court found that “compelling circumstances” existed that favored the dismissal of the Texas action. Pastore & Dailey will now continue to represent the Plaintiff in his home forum of New York.