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Longtime lender to governor’s firms says it’s going to transfer to dismiss or switch swimsuit

CHARLESTON — Attorneys for Carter Financial institution & Belief say they are going to transfer to dismiss or switch a $1 billion lawsuit filed by the community of companies owned by Gov. Jim Justice and his household.

The Justice firms filed a federal swimsuit final week, contending Carter Financial institution & Belief of Martinsville, Va., has engaged in unfair enterprise practices, kneecapping the Justice household companies. The lawsuit was filed in Beckley in U.S. District Court docket for the Southern District of West Virginia.

Carter Financial institution’s attorneys countered in their very own submitting Tuesday that the Justice firm claims are just about similar to a 2021 lawsuit that was dismissed. Extra importantly, Carter Financial institution’s attorneys contend, the Justice firms filed the present swimsuit within the unsuitable court docket.

The attorneys for Carter Financial institution wrote, “the Court docket wants to contemplate and handle whether or not venue is correct on this Court docket and whether or not the Court docket can train private jurisdiction over all of the Defendants on this matter.”

Carter’s attorneys wrote that over a six-year interval, the Justices signed about 350 paperwork, together with promissory notes, guaranties, mortgage agreements, releases and different contracts — every containing a forum-selection clause designating the federal court docket within the Western District of Virginia or the state court docket in Martinsville, Va. — because the obligatory venues for any disputes between events.

Moreover, the officers of Carter Financial institution, who’re named as defendants, typically reside in western Virginia.

Attorneys for the Justice companies wrote within the lawsuit that the southern West Virginia venue is correct as a result of it’s the situation of a lot of the collateral in dispute between the businesses and the financial institution.

Attorneys for Gov. Justice, first woman Cathy Justice, son Jay Justice and 15 of the Justice household firms filed their lawsuit accusing Carter of unfair enterprise practices final week.

That lawsuit got here simply because the Justice firms had been scheduled for a listening to in an area courtroom in Martinsville over $300 million in confessed judgment claims by Carter Financial institution. This previous April, after greater than $300 million in loans got here due, Carter filed a couple of dozen claims to gather.

Justice contends Carter Financial institution made its lending philosophy stricter — and unfair — after an extended and mutually helpful enterprise relationship.

The Justice firms filed federal swimsuit towards Carter two years in the past on largely the identical grounds, alleging that following the demise of founder Price Carter the brand new officers accountable for the financial institution instituted extra inflexible monetary practices and reworked right into a “decided, self-proclaimed adversary.”

Tuesday’s submitting by Carter Financial institution takes word of similarities between the prior lawsuit and the most recent one, calling it “a reprise.”

“Most of the allegations within the instantaneous motion are lifted entire material from Justice 1, and the causes of the present motion are slimmed down variations of these in Justice 1 — with the notable addition of Plaintiffs’ daring request that this Court docket declare Virginia’s long-standing statutory confession of judgment procedures to be unconstitutional,” wrote the attorneys for Carter.