Legal Question in Business Law in Kansas
jurisdiction and venue; declaratory judgments
I am trying to collect a fee which a client refuses to pay. He filed a complaint in the federal district court in Kansas seeking a declaratory judgment to not collect the balance of the fee due, and to establish the venue for any litigation in Kansas rather than Illinois. I am representing myself in this matter and would appreciate the following information. 1. What is the basis for establishing jurisdiction in such a case? I prefer to have it litigated in an Illinois state court. 2. What is the basis for a declaratory judgment and how should I argue against it?
1 Answer from Attorneys
jurisdiction and venue; declaratory judgments
Unless there is a federal question involved, it would seem the only possible basis for juridiction would be diversity of citizenship, the the amount in controversy exceeding $50,000. You still might be able to get the Kansas Federal case kicked on venue, depending on the location and circumstances of your represention, and/or forum nonconveninece.
Is the case in Kansas City, Topeka or Wichita? Is the fee collectible if you get a judgment in IL? Do you have a jurisdiction clause in your fee contract? Does it specify that IL is the exclusive jurisdiction? Where's your ex-client domiciled?
The problem with not defending the Kansas case would be the Supremecy of the federal declaratory judgment and IL's obligation under the full faith and credit clause.
Give me a call if you want to further discuss this situation.
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