HOUSTON - A Houston personal injury lawyer won't have to travel to Delaware to pursue his lawsuit against an advertising firm he says cheated him - though their campaign of "kicking the crap out of insurance companies" was nominated for an attorney marketing award and he thanks the company on his website.
Carvertise was supposed to put his Golden Gavel-nominated ad on commercial rideshare vehicles but never provided the data to show he got what he paid for, Brian White of Brian White & Associates argued in an April lawsuit filed in Harris County District Court. The cars show him mid-karate kick with the slogan "Kicking the crap out of insurance companies."
Carvertise, a Delaware-based company, removed the case to Houston federal court before asking Judge Keith Ellison to send it to Delaware federal court. Ellison refused on July 10, despite a mandatory forum selection clause in the contract.
"This agreement shall be governed by and construed in accordance with the laws of the State of Delaware, except where Federal Law has precedence," the clause says. "Carvertise and Advertiser consents to jurisdiction and venue in the State of Delaware."
White's website boasts "Get Brian, Get Paid!" He's now seeking payment of his own, between $250,000 and $1 million for damages and mental anguish.
The two sides entered into an agreement on July 7, 2023. Carvertise was to ensure vehicles with White's ad met certain standards for miles driven and geographic area utilized, while the company was supposed to offer information regarding proof of the ongoing project, the lawsuit says.
In October, one of the cars wrecked, and White said he was left out of the loop as to whether the ad was placed on a new one. Still, they entered into a second contract on Nov. 19.
Months went by, the suit says, without answer from Carvertise. Monthly performance reports were unverifiable, White said, though he had paid more than $264,000 through March 15.
"Despite Plaintiff's performance and reasonable inquiries, Defendant continually failed to provide adequate proof of install with regard to the advertising on some of the vehicles, did not provide specific information pertaining to the marketing campaign required under the contract... such as mileage and other identifying data of the vehicles, and also failed to provide confirmation of replacement vehicles when certain of its fleet was wrecked or otherwise put out of service," the complaint says.
"Plaintiff later requested a full refund, and this lawsuit followed."
White makes claims for Deceptive Trade Practices Act violations and breach of contract. Carvertise's only responsive pleading was to ask that the case be transferred to it home state.
Judge Ellison wrote Delaware law distinguishes between mandatory and permissive forum selection clauses. He found the one at issue to be permissive, with Delaware law saying they authorized jurisdiction in a designated forum but do not prohibit litigation elsewhere.
"The forum selection clause here clearly employs permissive language, stating that the parties 'consent to jurisdiction and venue in the State of Delaware,'" Ellison wrote.
"It contains no mandatory language indicating that litigation shall be brought in Delaware or that Delaware has exclusive jurisdiction. Instead, it uses the 'consent to jurisdiction' language that is the hallmark of a permissive forum selection clause."
White works on cases involving vehicle accidents, factory injuries, slip-and-falls and medical malpractice, among other things. His wrapped car ad campaign was nominated for a 2024 Golden Gavel Award, which celebrates lawyer marketing.
His website says: "We're extremely honored to be nominated and are thankful to our terrific partners Carvertise for helping us design the cars."