News & Events

Chicago, May 6, 2021

Kincaid, Stephens Successfully Defend Client in Alleged Fraud Claim

Swanson, Martin & Bell, LLP attorneys Robert W. Stephens and Joseph P. Kincaid successfully defended their client in an alleged fraud claim.

In their complaint, the plaintiffs claim the defendants made fraudulent representations that induced plaintiffs to entering into contracts with defendants. The U.S. District Court for the Eastern District of Missouri granted Swanson, Martin & Bell, LLP’s client’s motion to dismiss based on forum non conveniens enforcing the forum selection clause contained in the underlying contract. The District Court found the forum selection clause to be enforceable and applicable to plaintiffs’ fraud claims, thus dismissing plaintiffs’ complaint.

The plaintiffs appealed the ruling of the district court to the Eighth Circuit Court of Appeals, however the Eighth Circuit dismissed the plaintiffs’ claim for failure to prosecute when the plaintiffs did not timely file their appellate brief or respond to the Court’s show cause order.

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