A&D Environmental Services, Inc. v. Miller (Lawyers Weekly No. 15-07-0298, 7 pp.) (Chris Dillon, J.) Appealed from Guilford County Superior Court (Richard Doughton, J.) N.C. App. Holding: Even though the parties’ contract says any related litigation must be brought in ...

Tagged with: Forum-Selection Clause venue

NC Contracting, Inc. v. Munlake Contractors, Inc. Even though the parties’ subcontract involved construction of a project in North Carolina, the subcontract’s forum selection clause – “Venue for legal action shall be proper only in the courts of Jackson County, Missouri” – is enforceable.

Tagged with: Forum-Selection Clause

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.

Tagged with: Contract Forum-Selection Clause

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.

Tagged with: Choice of Law Civil Practice Contract Credit Card Agreement Forum-Selection Clause jurisdiction venue

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.

Tagged with: Contract Forum-Selection Clause

Speedway Motorsports v. Bronwen Energy. A foreign company and a North Carolina-based company entered into a contract (a demand guarantee) that incorporated by reference an exhibit featuring a . . .

Tagged with: Contract Forum-Selection Clause Mecklenburg County

Speedway Motorsports v. Bronwen Energy. The plaintiff was not bound by a forum-selection clause contained in a letter of credit agreement with BNPP Suisse under which BNP Paribas France S.A. was . . .

Tagged with: Contract Forum-Selection Clause Mecklenburg County

Albemarle Corp. v. AstraZeneca UK Ltd. (Lawyers Weekly No. 10-01-1202, 18 pp.) (Niemeyer, J.) No. 10-1000, Dec. 8, 2010; USDC at Orangeburg, S.C. (Seymour, J.) 4th Cir. Click here for the full text of the opinion. Holding: In an international ...

Tagged with: Contract Forum-Selection Clause

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 ...

Tagged with: Aggravating Factors Contract Forum-Selection Clause Statute of Limitations Unfair Trade Practices

FindWhere Holdings Inc. v. Systems Environment Optimization LLC (Lawyers Weekly No. 10-01-1133, 7 pp.) (Davis, J.) No. 09-2155, Nov. 29, 2010; USDC at Alexandria, Va. 4th Cir. Click here for the full text of the opinion. Holding: A forum selection ...

Tagged with: Civil Practice Forum-Selection Clause