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CANTOR FITZGERALD v CHANDLER Click to find out why . . .



Keywords & Phrases
CaseNo: C.A. No. 15,689, CourtCode: CC, CourtName: DELAWARE COURT OF CHANCERY EXERCISE PERSONAL JURISDICTION OVER THE DEFENDANTS IN, Plaintiff: CANTOR FITZGERALD, State: DE Delaware, UniqueCaseRef: DE>CC>00015689, Limited Partnership, Counterclaimants, Lutnick, Cantor Fitzgerald, Agreement, Group Management, Chandler, Allegations, High Distribution, Cfi, Employees, Investment, Jurisdiction, High Distribution Units, Gomez, Shallis, Amended Agreement, Contract, General Partner, Fitzgerald, Employment, Tortious Interference, Personal Jurisdiction, Capital Contribution, Partnership, Tort Claim, Robert Shallis, Howard Lutnick, Sole General Partner, Exercise, Forde, Breach, Delaware, Merely Sets , ContentID: 120239819

Case Documents
1 1999-10-14 LETTER OPINION
[ see first page and extracted highlights below  ] ItemID: 100458
12 pages
PDF
2 1999-08-23 DEFENDANTS ANSWER AND COUNTERCLAIMS
[ see first page and extracted highlights below  ] ItemID: 102210
33 pages
PDF
Total Documents: 2 documents , 45 pages
Price: $ 24.95


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1 . LETTER OPINION

EXTRACTED KEY WORDS
JURISDICTION
CONTRACT
COURT
FITZGERALD
TORTIOUS INTERFERENCE
PERSONAL JURISDICTION
AGREEMENT
PARTNERSHIP
TORT CLAIM
PLAINTIFFS
CHANDLER
EXERCISE
FORDE
BREACH
DELAWARE
FORUM SELECTION
FORUM SELECTION CLAUSE
SUBSTANCE
ASSERT
LIMITED PARTNERS
MATTER
JUDICIAL ECONOMY
EMPLOYMENT
PARTIES
ALLEGING
ALLEGE
EFFICIENCY
DISMISS
ADJUDICATING
                                                                                      .I       :
                                                                                     ,:            
                                                 COURTOFCHANCER Y                            `<,,  
                                                             O F   T H E
                                                 S T A T E   O F  D E L A W A R E


M Y R O N   T .   S T E E L E
 "ICE CHANCELLOR                                                                                   


     David C. McBride
     James P. Hughes, Jr.
     Young Conaway Stargatt & Taylor
     P.O. Box 391
     Wilmington, DE 19899-039 1

     Lawrence C. Ashby
     Steven J. Balick
     Ashby & Geddes
     P.O. Box 1150
     Wilmington, DE 19899

                                 Re: Cantor Fitzgerald v. Ke in Chandler, et al.
                                       C.A. No. 15689-NC J"

                                       Cantor Fitzgerald v. Gregory Forde, et al.
                                       C.A. No. 15690-NC

                                                Submitted: July 20, 1999
                                               Decided: October 14, 1999

     Counsel:

                                                        Issue Presented

                   Where the parties are the same and the subject matter is closely related in an

     action alleging both contract claims and a tortious interference claim can the

     Delaware Court of Chancery exercise personal jurisdiction over the defendants in

     the tort claim when the defendants are already subject to that same court's



Fitzgerald v. Chandler - C.A. #15689-NC
Fitzgerald v. Forde - C.A. #I 5690-NC
October 14, 1999
SNIPPETS:
  • Where the parties are the same and the subject matter is closely related in an
  • action alleging both contract claims and a tortious interference claim can the
  • the tort claim when the defendants are already subject to that same court's
  • Fitzgerald v. Chandler - C.A. #15689-NC
  • Fitzgerald v. Forde - C.A. #I 5690-NC
  • jurisdiction for breach of contract claims by way of a forum selection clause in the
  • action alleging both contract claims and a tort claim,
  • the tort claim would not by itself establish personal jurisdiction over the defendants
  • that the close relationship of the subject matter calls for an exercise of jurisdiction
  • over the tort claim in the interest of judicial economy and efficiency of effort.
  • jurisdiction, requiring the defendants to defend thik claim in Delaware, does not
  • 1998 Opinion on the defendants' Motion to Dismiss I failed to address their
  • argument that the forum selection clause of the Partnership Agreement does not
  • confer jurisdiction over the defendants for the purpose of adjudicating the tortious
  • Fitzgerald v. Chandler - CA. #15689-NC
  • its employees are the subject matter of Count IV - not the Partnership
  • tortious interference claim that they construe to be directed to employment
  • Plaintiffs concede that the Agreement
  • Agreement and is about the limited partners inducing other limited partners
  • Two grounds exist for this Court to assert jurisdiction over the defendants
  • does not allege a breach of that Agreement.
  • substance of the claims.

  • 2 . DEFENDANTS ANSWER AND COUNTERCLAIMS

    EXTRACTED KEY WORDS
    COUNTERCLAIMANTS
    LUTNICK
    CANTOR FITZGERALD
    DEFENDANTS
    GROUP MANAGEMENT
    AGREEMENT
    ALLEGATIONS
    HIGH DISTRIBUTION
    CFI
    EMPLOYEES
    INVESTMENT
    HIGH DISTRIBUTION UNITS
    CHANDLER
    GOMEZ
    SHALLIS
    AMENDED AGREEMENT
    GENERAL PARTNER
    CAPITAL CONTRIBUTION
    EMPLOYMENT
    ROBERT SHALLIS
    HOWARD LUTNICK
    SOLE GENERAL PARTNER
    MERELY SETS
    COUNTERCLAIMANTS REPEAT
    PLAINTIFFS
    KEVIN CHANDLER
    MICHAEL GOMEZ
    COUNTERDEFENDANTS
    INFORMATION SUFFICIENT
    
    \  ;.  !<
    \                         IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
                                              IN AND FOR NEW CASTLE COUNTY
    
    
                 CANTOR FITZGERALD, L.P.
    
                                Plaintiff,
    
                        V.
    
                 KEVIN CHANDLER, MICHAEL GOMEZ, :
                 and ROBERT SHALLIS,
                                                                      C.A. No. 15689
                                Defendants and
                                Counterclaim Plaintiffs, :
    
                        V.
    
                 CANTOR FITZGERALD, L.P.,
                 HOWARD LUTNICK, and
                 CANTOR FITZGERALD GROUP
                 MANAGEMENT,
    
                                Counterclaim Defendants. :
    
    
                                       DEFENDANTS' ANSWER AND COUNTERCLAIMS
                               AGAINST CANTOR FITZGERALD, L.P., HOWARD LUTNICK,
                                      AND CANTOR FITZGERALD GROUP MANAGEMENT
    
    
                                Defendants, Kevin Chandler ("Chandler"), Michael Gomez ("Gomez"), and
    
                 Robert Shallis ("Shallis") (collectively, "Defendants" or "Counterclaimants"), hereby
    
                 complaint of Cantor Fitzgerald, L.P. (the "Limited Partnership") and counterclaim
    
                 Limited Partnership, Howard Lutnick ("Lutnick"), and Cantor Fitzgerald Group Management
    
                 ("C.F. Group Management") (the latter three of which sometimes collectively are
    
                 herein as "Counterdefendants") as follows:
    
                                                               ANSWER
    
                                1.       Denied.
    
    
    
    SNIPPETS:
  • CANTOR FITZGERALD, L.P.
  • KEVIN CHANDLER, MICHAEL GOMEZ,:
  • Counterclaim Defendants.
  • AGAINST CANTOR FITZGERALD, L.P., HOWARD LUTNICK,
  • Robert Shallis, hereby answer the
  • Limited Partnership, Howard Lutnick, and Cantor Fitzgerald Group Management
  • herein as "Counterdefendants") as follows:
  • previously employed Defendants, that the Limited Partnership controls CFI, and that Liberty
  • Brokerage Investment Corp. is a Delaware corporation.
  • Defendants are without knowledge or information sufficient to form a
  • ("Amended Agreement")
  • Kingdom, that he commenced employment with CFI on or about September 199 1, that he
  • Paragraph 9 contains no factual allegations but merely sets forth legal
  • admitted that the quoted text appears in the Amended Agreement.
  • Paragraph 10 contains no factual allegations but merely sets forth legal
  • The plaintiffs claims are barred by virtue of its violation of federal
  • auspices of the Limited Partnership by its general partner,
  • employees of affiliates of the Limited Partnership.
  • as the individual who ultimately controlled Counterclaimants'
  • As the sole shareholder of the sole general partner of the Limited
  • Those limited partnership interests were referred to as "High Distribution"
  • converted their "High Distribution Units" to "High Distribution II Units."
  • would reduce their capital contribution amount from $150,000 to $100,000.
  • Counterclaimants repeat, reallege and incorporate by reference paragraphs
  •    |