Castellar Partners, LLC v. AMP Ltd.
Annotate this CaseCastellar Partners LLC was retained by appellees (collectively, the AMP parties) to review a “hedge fund portfolio” and the services being provided by another advisor. Castella and one of the AMP parties - AMP Capital Investors Limited (AMPCI), a subsidiary of AMP incorporated in Australia - executed an “Advisory Agreement” under which Castellar was required to provide its services regarding the fund in exchange for certain fees. The AMP parties terminated their relationship with Castellar the next year. Castellar filed suit, alleging that the AMP parties had “recklessly and willfully” misled it in order to obtain its services with regard to the fund. The district court dismissed one of Castellar’s claims, concluding that due to a forum selection clause, the claim for breach of contract was required to be litigated in New South Wales, Australia. The district court certified the dismissal of that claim as a final judgment, and Castella appealed. The Supreme Court dismissed the appeal for lack of jurisdiction, holding that the certification was improper, as Castellar’s claims entailed “similar issues” and “related facts,” and all of the parties remain involved in the litigation before the district court.
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