On February 1, 2010, District of Columbia Superior Court Judge Erik Christian denied the defendants’ Motion to Dismiss in Altan v. IK Retail Group. The defendants sought dismissal of Mr. Altan’s claims which include allegations of sexual orientation discrimination and retaliation. The defendants argued that the court lacked subject matter jurisdiction, forum non conveniens, and that Mr. Altan had failed to state a claim upon which relief may be granted.
In siding with Mr. Altan, the court noted that the laws of the District and Maryland are substantially similar in this area and Maryland law grants venue both where the prohibited actions took place and the location where the decision was made to engage in the unlawful acts. The court then proceeded to examine both public and private interest factors. Observing that “the case involves a Defendant who is headquartered in the District of Columbia, and a substantial amount of the alleged discrimination against [the] Plaintiff originated in the District of Columbia,” the court found that it had the authority hear the matter and was unconvinced that there were any burdens sufficient to disturb Mr. Altan’s choice of forum.
In analyzing defendants’ argument that Mr. Altan failed to state a valid claim, the court was clearly moved by the egregious facts alleged in Mr. Altan’s complaint, and found that it was certainly possible for Mr. Altan “to prove a set of facts which would entitle him to relief.” A copy of the order is available here.
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