Judge Robinson refused to transfer this contract dispute from Delaware to the defendant’s home state of Kentucky. Despite the location of defendant’s witnesses in Kentucky, the Court found the action had a substantial connection to Delaware and refused to disturb the plaintiff’s choice of forum. Connections to Delaware included: 1) the plaintiff is a Delaware corporation based in Delaware, 2) the contract at issue has a Delaware choice of law clause, and 3) the defendant sells its products through Delaware dealers. The Court also noted the stage of the proceedings in the opinion-discovery is close to completion and defendant has filed a motion for summary judgment.
For those that don’t know, “spinners,” according to Wikipedia, are “wheel covers which spin independently of the wheel itself when the brakes are applied.” Spinners (also referred to as “ride spinners” or “Sprewells”) create the illusion that the wheel is rotating when it is not. The popularity of spinners was initially due to their use in hip-hop music videos, but they have now crossed over into mainstream popularity. The image below was taken from Wikipedia and demonstrates the use of spinners in the music video for the Three 6 Mafia song “Ridin’ Spinners.” While the spinners at issue in this case are for motorcycles, they are available for virtually any wheeled vehicle.