from www.cincinnati.com – A judge ruled Friday that the court battle for control of the Hustler pornography business should take place in California instead of Ohio.

The decision is a victory for Hustler magazine publisher Larry Flynt, who had argued Hamilton County is not the right place for the fight between him and his estranged brother, Jimmy Flynt.

Jimmy Flynt accused his brother in a lawsuit last year of forcing him out of a company that he helped build for more than 40 years. He claims he was a full partner in the Hustler business and is entitled to at least half the company’s assets.

Common Pleas Judge Steven Martin ruled that Jimmy Flynt might have a legitimate claim, but his lawsuit belongs in California.

The judge said most of the company interests in dispute and most of the people involved in the case live in California, where Hustler is based, or in states other than Ohio. He also said Larry Flynt, who has been confined to a wheelchair for decades, may have health problems that make travel to Ohio difficult.

“Only a small portion of the dispute involves Ohio corporations,” Martin wrote in his decision. “California would clearly be more convenient for nearly everyone involved.”

Before dismissing the lawsuit, however, Martin said several of Jimmy Flynt’s claims would have survived early challenges from his brother and the case could possibly have proceeded to trial. The most important of those claims was that Larry Flynt may have violated his brother’s rights as a partner at Hustler.

Larry Flynt and his lawyers have repeatedly said Jimmy Flynt was an employee – not a partner – and that he never played a major role in the operation of the company.

“There was no partnership,” said Mark VanderLaan, Larry Flynt’s attorney. “That’s his position now and that will be his position in the future.”

Jimmy Flynt and his lawyer, Robert Hojnoski, have said Jimmy may have played a less public role in the company, but he has been a partner since the first Hustler dance club opened in Cincinnati 40 years ago. Hojnoski said he was disappointed with the judge’s decision Friday and is considering whether to appeal or re-file the case in California.

“We’re exploring our options,” he said. “We continue to believe Cincinnati is the appropriate place to litigate the case.”

The Flynt brothers’ feud arose a few years ago when Larry fired Jimmy’s sons, who then launched their own pornography business using the Flynt name. Larry Flynt then fired Jimmy, sued his sons and launched battles in California and Ohio for control of the Hustler trademarks.

He won a trademark case in California and now is trying to force Jimmy Flynt, who runs the Hustler store on Elm Street in downtown Cincinnati, to stop using the Hustler name here. Larry Flynt also is preparing to open a competing Hustler store a few blocks away on Seventh Street.