Answering a query of first impression, in DIRTT Atmosphere Options, Inc. v. Falkbuilt, – F.4th –, 2023 U.S. App. LEXIS 8535 (tenth Cir. April 11, 2023), the U.S. Courtroom of Appeals for the Tenth Circuit foreclosed district courts within the circuit from dismissing solely a part of an motion underneath the discussion board non conveniens doctrine. The circuit court docket held {that a} district court docket abused its discretion in dismissing an motion as to a number of defendants based mostly on discussion board non conveniens whereas permitting the identical motion to proceed in opposition to different defendants.
Factual Background
Appellants, a Colorado company and its Canadian guardian (collectively, DIRTT), specialize within the design and development of prefabricated inside areas and use proprietary software program in its design course of. Id. at *2. DIRTT was based in 2003 by three people, together with Mogens Smed, who served as DIRTT’s CEO. Id. In 2018, DIRTT parted methods with Smed, and Smed established his personal firm, Falkbuilt, Ltd. Id. at *2-3. Falkbuilt’s enterprise additionally focuses on producing prefabricated inside areas. Id. at *3. DIRTT alleged that after his departure, Smed continued figuring out himself “as a ‘DIRTTbag,’ a phrase utilized by DIRTT workers to explain themselves and specific satisfaction in adhering to DIRTT’s philosophy.” Id.
