Jurisdiction can create significant issues for businesses that have business dealings in various places. Defending lawsuits in some jurisdictions can be very unfavorable for companies because of a loss of “home field advantage” and cost.
Jurisdiction can create significant issues for businesses that have business dealings in various places. Defending lawsuits in some jurisdictions can be very unfavorable for companies because of a loss of “home field advantage” and cost. A written contract may allow a business to demand that disputes be litigated in a jurisdiction (“forum”) that they choose at the time the contract was executed. These forum-selection clauses are often a point of litigation.
Here is the definition of a forum selection clause:
https://www.merriam-webster.com/legal/forum%20selection%20clause
Read the following articles and then discuss the questions below:
U.S. Supreme Court Reaffirms that Forum-Selection Clauses Are Presumptively Enforceable
What’s Left to Litigate about Forum Selection Clauses?
Dufee, D., Forrester, J. P., Lawlor, J. F., Katskee, R. B., & Tierney, J. F. (n.d.). U.S. Supreme Court Reaffirms that Forum-Selection Clauses Are Presumptively Enforceable. Business Law Today. Retrieved from https://www.americanbar.org/groups/business_law/publications/blt/2014/01/keeping_current_duffee/
Why would the court choose to enforce a forum-selection clause? What are some reasons that a court would not choose to enforce a forum-selection clause? Do you think forum-selection clauses are fair to plaintiffs? Can you locate a case in your jurisdiction where the court enforced a forum-selection clause and transferred a case to the selected forum?
Be sure to support your discussion points with examples and authoritative sources.
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