X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION & ORDER Before me is Defendants’ motion to dismiss this action for lack of personal jurisdiction and venue or, in the alternative, to transfer this action to the Southern District of Texas, as well as Plaintiff’s cross-motion to transfer this action to the Eastern District of Pennsylvania should I find personal jurisdiction to be lacking in this district. Because I find that personal jurisdiction is lacking over Defendants in this district, Defendants’ motion to dismiss is GRANTED. Because I find that this action could have been initiated in the Eastern District of Pennsylvania and that the balance of factors weighs in favor of transferring this action to the Eastern District of Pennsylvania, Plaintiff’s motion to transfer is GRANTED. I. Background1 Plaintiff Aspen Specialty Insurance Company (“Aspen”) is a North Dakota corporation with principal place of business in Rocky Hill, Connecticut. (Compl. 10.)2 Defendant RCI Hospitality Holdings, Inc. (“RCI”) is a Texas corporation with its principal place of business in Houston, Texas. (Id. 11.) Defendant The Endzone, Inc. (“End Zone,” and together with RCI, “Defendants”), a subsidiary of RCI, is a Pennsylvania corporation with its principal place of business in Philadelphia, Pennsylvania. (Id. 12.) End Zone operates a strip club in Philadelphia. (Id. 13.) Around October 2013, Aspen issued a commercial general liability policy to RCI that covered a number of RCI subsidiaries, including End Zone and at least two other RCI subsidiaries that operate strip clubs in New York City (the “Policy”). (Id. 14-15.) Aspen issued the Policy using a Madison Avenue address in New York City, (Radar Decl. Ex. A at 2),3 and under the Policy, the insured is to provide notice to Aspen “[a]s soon as [it becomes] aware of an event that will give rise to a claim” against the insured, which the insured may do by, among other ways, mailing notice to the “Claims Department” at that same Madison Avenue address, (id. at 91). The policy names RCI as the insured, (id. at 2), and a rider to the Policy states that End Zone is an “additional named insured,” (id. at 34 (capitalization removed)). On August 10, 2014, End Zone was the site of a bar fight, which led to a lawsuit in the Pennsylvania Court of Common Pleas against RCI and End Zone in 2016 (the “First PA Suit”). (Compl.

 
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
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›