X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM OPINION AND ORDER   Robert Brace and his businesses have been locked in an environmental dispute with the United States Government for more than three decades. Robert and his wife, Beverly Brace, met Lawrence Kogan — the principal and namesake of the Kogan Law Group (“KLG”) — at a conference in New York in 2016. KLG is an environmental law firm. Kogan agreed to defend Robert Brace, Robert Brace Farms, Inc. and Robert Brace & Sons, Inc. (the “Client Defendants”) in the environmental lawsuit. KLG served as counsel to the Client Defendants for about three years until the Client Defendants terminated their engagement agreement with the firm. KLG sued, alleging that the Braces had not paid their legal bills. Defendants move to dismiss for lack of personal jurisdiction and, in the alternative, to transfer venue to the Western District of Pennsylvania. The Court has personal jurisdiction over the Client Defendants because they formed an attorney-client relationship with KLG. But the Court lacks jurisdiction over Beverly, Randall, and Ronald Brace (the “Non-Client Defendants”) because they did not sign the engagement agreement. Because the Court lacks jurisdiction over some Defendants and for the other reasons described below, it will transfer this case to the Western District of Pennsylvania. Defendants’ motion to dismiss for lack of personal jurisdiction is therefore DENIED but their motion to transfer venue is GRANTED. I. BACKGROUND A. Facts1 KLG practices environmental law. Declaration of Lawrence A. Kogan (“Kogan Dec.”), Dkt No. 52, 2. Lawrence Kogan is a solo practitioner who manages the practice. Id. It is a New York firm. Id. Both Robert Brace Farms, Inc. and Robert Brace & Sons, Inc. are incorporated and have their principal place of business in Pennsylvania. Compl. 4. Robert and Beverly Brace are shareholders and officers of Robert Brace Farms. Declaration of Robert H. Brace on Behalf of Robert Brace Farms, Inc., Dkt No. 44, 2. Robert, Randall, and Ronald Brace are shareholders and officers of Robert Brace & Sons. Declaration of Robert H. Brace on Behalf of Robert Brace & Sons, Inc., Dkt No. 45, 2. Robert, Beverly, Randall, and Ronald Brace are Pennsylvania citizens and residents. Declaration of Robert Brace (“Robert Brace Dec.”), Dkt No. 40, 3; Declaration of Beverly Brace (“Beverly Brace Dec.”), Dkt No. 41, 3; Declaration of Randall Brace (“Randall Brace Dec.”), Dkt No. 42, 3; Declaration of Ronald Brace (“Ronald Brace Dec.”), Dkt No. 43, 3. In October 2016, Robert and Beverly Brace met Kogan at an environmental law and policy conference in upstate New York. Robert Brace Dec. 14; Beverly Brace Dec. 13. At the conference, Robert and Beverly Brace and Kogan discussed whether Kogan could represent them in an environmental dispute with the federal government in Pennsylvania (the “Pennsylvania Litigation”). Kogan Dec.

10-11; Robert Brace Decl. 15. The parties dispute who solicited whom at the New York conference. Kogan says that Robert and Beverly Brace asked him to represent them. Kogan Dec.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
April 29, 2024 - May 01, 2024
Aurora, CO

The premier educational and networking event for employee benefits brokers and agents.


Learn More

A large and well-established Tampa company is seeking a contracts administrator to support the company's in-house attorney and manage a wide...


Apply Now ›

We are seeking an attorney to join our commercial finance practice in either our Stamford, Hartford or New Haven offices. Candidates should ...


Apply Now ›

We are seeking an attorney to join our corporate and transactional practice. Candidates should have a minimum of 8 years of general corporat...


Apply Now ›
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›