Power Paragon, Inc. v. Precision Technology USA, Inc.
United States District Court for the Eastern District of Virginia
605 F. Supp. 2d 722 (2008)
Power Paragon (plaintiff) and Precision Technology (defendant) negotiated a motor-controller supply contract; Power's December 20, 2005 proposal was valid for only 45 days and required arbitration of disputes, but Precision did not submit its purchase order -- specifying Virginia law and a Roanoke, Virginia forum -- until March 10, 2006, well after Power's offer had expired. The controller was eventually shipped to and installed in Newport News, Virginia (within the Eastern District), and after Precision failed to pay, Power sued there for breach of contract and unjust enrichment; Precision moved to dismiss for improper venue based on its purchase order's forum-selection clause pointing to the Western District (Roanoke).
Whether a federal lawsuit must be brought in the district where the most substantial events underlying the action occurred, and whether an offer remains open longer than the period specified by the offeror.