Where must lawsuits between Caring Transitions parties be litigated, subject to arbitration provisions?
Caring_Transitions Franchise · 2025 FDDAnswer from 2025 FDD Document
- 18.4 Jurisdiction and Venue.
Subject to the provisions of Section 16.2 relating to the arbitration of disputes, each party hereby irrevocably agrees that all lawsuits between the parties and/or their affiliates shall be litigated only in courts having situs in Hamilton County, Ohio.
Each party agrees that the following courts have personal jurisdiction over it in all lawsuits between the parties and/or their affiliates, irrevocably submits to the jurisdiction of these courts, and irrevocably waives any defense based upon lack of personal jurisdiction in any lawsuit filed in these courts: (a) all courts included within the state court system of the State of Ohio; and (b) all courts of the United States of America sitting within the State of Ohio, including, without limitation, all United States District Courts within the State of Ohio.
Each party agrees that venue shall be proper in any of the following courts in all lawsuits between the parties and/or their affiliates and irrevocably waives any right to transfer or change the venue in any lawsuit filed in these courts: (a) the state court of the county where Franchisor has its principal place of business (presently Hamilton County, Ohio); and (b) the United States District Court for the Southern District of Ohio, Western Division.
If any of these courts are abolished, venue shall be proper in the state or federal court in Ohio that most closely approximates the subject matter jurisdiction of the abolished court as well as any of these courts that are not abolished.
All lawsuits filed by either party or its affiliate against the other or its affiliate (whether or not in breach of the arbitration provisions of this agreement) must be filed exclusively in one of these courts, except that claims for injunctive relief may be brought where the defendant is located.
These exclusive choice of jurisdiction and venue provisions shall not restrict the ability of the parties to confirm or enforce arbitration awards in any appropriate jurisdiction.
In all lawsuits between the parties and/or their affiliates, Franchisee and its Principals consent to be served with process outside the State of Ohio in the same manner that service may be made within the State of Ohio by any person authorized to make service by the laws of the
Source: Item 20 — OUTLETS AND FRANCHISEE INFORMATION (FDD pages 41–49)
What This Means (2025 FDD)
According to Caring Transitions' 2025 Franchise Disclosure Document, lawsuits between Caring Transitions and its franchisees, or their affiliates, must be litigated in courts located in Hamilton County, Ohio. This requirement is subject to provisions regarding dispute arbitration. Specifically, the FDD states that each party irrevocably agrees that all lawsuits shall be litigated only in courts having situs in Hamilton County, Ohio.
Furthermore, the document specifies that the state and federal courts within Ohio have personal jurisdiction over all parties involved in such lawsuits. This includes all courts within the state court system of Ohio and all United States District Courts sitting within the State of Ohio. Each party also waives any defense based on a lack of personal jurisdiction in lawsuits filed in these courts. Venue is proper in the state court of the county where Caring Transitions has its principal place of business, which is Hamilton County, Ohio, and the United States District Court for the Southern District of Ohio, Western Division.
However, claims for injunctive relief may be brought where the defendant is located, providing an exception to the exclusive venue. The choice of jurisdiction and venue does not restrict the parties' ability to confirm or enforce arbitration awards in any appropriate jurisdiction. Franchisees and their principals consent to be served with process outside the State of Ohio in the same manner that service may be made within the State of Ohio.