CMM’s litigation prowess extended far beyond New York’s borders in a recent case filed in Arizona. 

CMM represented one of the defendants, a remote former consultant/independent contractor who sold his business to the plaintiff company. The company, headquartered in Arizona, commenced a lawsuit against our client and others in the Superior Court of the State of Arizona, alleging that our client and his business partner plotted to misappropriate the company’s confidential information, steal its property, and solicit and interfere with its customers and business relationships.

CMM’s team of Senior Partner Patrick McCormick and Associate Richard DeMaio strategically removed the action from Superior (state) Court in Arizona to Federal Court in the District of Arizona, and then moved to dismiss the action in its entirety based on lack of personal jurisdiction. The team argued that as an out-of-state resident and independent contractor, our client had no contacts with the state of Arizona that were sufficient to confer jurisdiction over him in Arizona. (For example, he did not own property in Arizona, never paid taxes there, and had visited only a handful of times for business meetings.)

Thanks to CMM’s hard work and strategic decision-making, the Court agreed, granting the motion to dismiss based on lack of personal jurisdiction.

CMM’s commercial litigation practice includes success at the state and federal level. Learn more about our litigation practice here.