In motions filed on 28 September, counsels for Toyota Material Handling USA Inc (TMHU) are seeking to dismiss litigation that competitor Clark Material Handling Co initiated on 14 August.

TMHU's 2,327-word response has several issues needing judicial interpretation.

TMHU, for instance, wants a judge to remove Clark's claims under the laws of South Carolina and Virginia and deal only with issues under the laws of North Carolina, where TMHU dealer Southeast Industries Equipment Inc (SIE) has its primary place of business in Charlotte.

The Clark suit says TMHU pressured SIE into terminating an agreement to represent the Clark product line. Clark announced the SIE appointment on 10 July, and SIE sent its termination letter to Clark on 25 July.

On TMHU's behalf, Paul J Osowski and Paul J Riehle filed a memorandum, and then an amended memorandum, with the Carolina division of the United States District Court for the Western District of North Carolina in Charlotte.

Osowski is a partner in the Charlotte office of law firm Nelson Mullins Riley & Scarborough LLP, and Riehle is a partner in the San Francisco office of law firm Sedgwick LLP.

The attorneys undermine Clark's sixth cause of action for injunctive relief. "Injunctive relief is a remedy, not a cause of action," Osowski and Riehle say. "This claim fails because there is no cause of action for injunctive relief.

The TMHU attorneys say in the filing's conclusion: "Because plaintiff fails to state a claim under Federal Rule of Civil Procedure 12(b)(6) for violation of South Carolina law, Virginia law and for injunctive relief, TMHU respectfully requests that its motion to dismiss and motion to strike be granted." TMHU is based in Irvine, California.

Evan M Sauda with the Charlotte law firm of Smith Moore Leatherwood LLP represents Lexington, Kentucky-based Clark in this case.

District Judge Max O Cogburn Jr is presiding judge, and Magistrate Judge David S Cayer is referral judge.