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Tag Archives: Forum-Selection Clause

Contract – Forum Selection Clause – Employment Agreement – LLC Operating Agreement – ‘Shall’ – Not Mandatory (access required)

Roth v. Penguin Toilets, LLC Although plaintiff’s employment contract with defendant referred to defendant’s operating agreement, the employment contract did not incorporate the operating agreement’s forum selection clause. In any event, the forum selection clause is not mandatory. Defendant’s motion to dismiss for improper venue is denied.

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Contract – Forum Selection Clause – Civil Practice – Choice of Law – Venue – Jurisdiction – Credit Card Agreement – Utah Law (access required)

Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion to set aside the default judgment against him.

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Contract – Illinois Execution – Legal Financing – Forum Selection Clause (access required)

Parson v. Oasis Legal Finance, LLC Even though the parties’ contract did not go into effect until plaintiff received his $3,000 advance in North Carolina, the last act necessary to execute the contract was defendant’s signature - which took place in Illinois. Therefore, the contract was made in Illinois. Despite the small amount at issue, it does not violate public policy to require plaintiff to obey the contract’s forum selection clause and to file suit in Illinois.

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Contract – Forum-Selection Clause – France – French Assignor – Unfair Trade Practices – Statute of Limitations – Aggravating Factors (access required)

Ada Liss Group Ltd. v. Sara Lee Corp. (Lawyers Weekly No. 10-03-1134, 16 pp.) (Wallace W. Dixon, USMJ) M.D.N.C. Holding: Defendant bases its breach-of-contract counterclaim on a contract plaintiff entered into with Playtex France. The Playtex France contract includes a ...

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