America Online, (151) a New York trial court refused to enforce a forum selection clause
in a clickwrap license because it violated a state policy favoring the simplified proceedings of small claims court for low-value disputes.
1) Would you think to review these separate contracts to ensure that you and your business would not be subject to a lawsuit in a random jurisdiction (2) due to a forum selection clause
(3) within their contract?
A forum selection clause
has the "salutary effect of
Supreme Court and the "User-Friendly" Forum Selection Clause
; The Effect of Carnival Cruise Lines on International Contracts, in INTERNATIONAL DISPUTE RESOLUTION: THE REGULATION OF FORUM SELECTION CLAUSES 53 (Jack L.
11) In ruling that a forum selection clause
in a bill of lading in favour of Belgian courts (and Belgian law) justified granting a stay of Canadian proceedings, the Supreme Court emphasized that "strong cause" must be shown for displacing the contractually chosen forum.
proper in Dallas County based on the forum selection clause
, the reality
A court should not consider whether a party breached a contract when considering whether or not to uphold a forum selection clause
Although Seung argued that the forum-selection clause was unfair and too burdensome, the 11th Circuit said that it did "not believe that Seung has made the 'strong showing' required to prove that the forum selection clause
should not be enforced in this case.
his action could defeat the ability of the franchisor to remove the case to federal court (by defeating diversity jurisdiction) or undermine a forum selection clause
in favor of the franchisor's home state.
The Court found that Emmaus had "failed to make the necessary showing that this action is actually governed by a forum selection clause
in a merger agreement, as opposed to the parties' LOIs" (letters of intent).
2008) (noting parties initialing of written document containing forum selection clause
indicated agreement); Riccitelli v.
37) The Ahern court stated that "numerous" federal courts had consistently held that similar forum-selection clauses "are permissive and do not preclude litigation in the federal court that encompasses the county identified in the forum selection clause