ST.PAUL, MN (BRAIN)—A U.S. district court judge last week denied Trek’s request to move an ongoing lawsuit with LeMond Cycling from Minnesota to Wisconsin.
In an order issued on May 29, Judge Richard H. Kyle ruled that Trek failed to satisfy its heavy burden of demonstrating that a venue transfer was warranted, therefore keeping the case in Minnesota District Court.
Trek Bicycle Corporation sued LeMond Cycling on April 8 for breach of contract, seeking to end its licensing agreement with three-time Tour de France winner Greg LeMond.
The next day, LeMond filed a countersuit against Trek Bicycle Corporation in Minnesota District Court alleging that Trek failed to exert its best efforts regarding the LeMond brand resulting in lost revenue.
Attorneys for Trek asked the judge to move this case to the Western District Court of Wisconsin, where Trek is headquartered and where the April 8 suit will be heard, out of convenience of the parties and witnesses involved.
LeMond's attorneys, on the other hand, argued that there was no basis for the case to be transferred since LeMond Cycling is a Minnesota company that was incorporated in the state in 1995.
Also, a transfer to Wisconsin would shift the inconvenience from Trek, a $700 million company, to LeMond Cycling, a $15 million company with two full-time employees and one part-time employee, LeMond’s attorneys said.
Judge Kyle considered three factors—the convenience of the parties, the convenience of witnesses and the interests of justice—in deciding the motion.
None, he said, weighed strongly in favor of moving the case to Wisconsin.
“When all three pertinent factors discussed above are balanced, they weigh in LeMond Cycling’s favor or, at most, are in equipoise,” Kyle wrote.
For a full update on the Trek, LeMond litigation, be sure to the read the July 1 issue of Bicycle Retailer and Industry News.