PRETRIAL ADJUDICATION
...Jurisdiction & Venue
......Litigation Options
.........Forum Selection Clauses
 11 Cards On This Topic:
  • Forum selection clauses enforceable unless unreasonable under the circumstances.
  • D's motion to dismiss based on forum non conveniens properly granted where forum selection clause in contract was mandatory and P could not show that enforcement of the clause was unreasonable.
  • A corporate bylaw providing DE is the forum for intra-corporate disputes was enforceable and did not conflict with Corp. Code §2116.
  • Although TX contractor established a contract with a forum selection clause between it and CA consultant, CCP §410.42 and CA law prevented enforcement of the clause.
  • Ds who obtained dismissal of a case in CA per FL forum-selection clause were not entitled to contractual attorney fees as there has been no final resolution of the contract claims in FL.
  • As CCP 410.30 does not permit motion based on forum selection clause to be made "at any time," and standard is reasonableness, trial court erred in enforcing IL forum selection clause after 19 mos. of vigorous litigation and discovery in CA.
  • Because TX forum selection clause in agreement was permissive and balancing private and public interests strongly favored litigation in CA, P's selected forum, trial court abused its discretion in staying action.
  • Challenge to the forum selection clause cannot properly be raised by demurrer.
  • Cruise ticket's forum selection clause enforceable where P failed to read brochure or contract and could not overcome strong maritime presumption of such clauses' validity.
  • Contract's forum selection clause applied to nonsignatory Ds "closely related" to contract and contractual relationship.
  • Non-party to agreement with forum selection clause had no standing to assert clause where it did not show it was intended 3d pty beneficiary or equivalent.


    •