You searched for: "Forum Selection Clause"
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February 15, 2023
Forum Selection Clause Insufficient to Warrant Dismissal Where Litigation Does Not Arise Out of Contract Including Clause
On January 12, 2023, Justice Melissa A. Crane of the New York County Commercial Division issued a decision in Meltzer v. Kentucky Hi Tech Greenhouses LLC, 2023 N.Y. Misc. LEXIS 160, dismissing in part and granting in part defendants’ motion to dismiss. The Court denied the motion insofar as it sought dismissal of the entire action pursuant to CPLR 3211(a)(1) based on a forum selection clause in the defendant’s operating agreement or the forum selection clause in a settlement agreement between the parties. The Court held that neither forum selection clause applied because each related solely to specific issues that were not the issues in the pending action, explaining: Read More
June 25, 2021
Forum Selection Clause Mandating Federal Forum is Unenforceable When There is No Federal Jurisdiction
On May 28, 2021, Justice Borrok of the New York County Commercial Division issued a decision in Melr… Read More
June 20, 2021
When Forum Selection Clause Submitting Only to Federal Jurisdiction is Unenforceable, Parties May Bring Suit in Other Jurisdiction
On June 4, 2021, Justice Cohen of the New York County Commercial Division issued a decision in Serfa… Read More
May 3, 2021
Forum Selection Clause Not Incorporated into Contract When Contract Only Refers to, But Does Not Expressly Incorporate the Terms of, The Agreement Containing the Forum Selection Clause
On April 22, 2021, Justice Cohen of the New York County Commercial Division issued a decision in W-S… Read More
February 22, 2021
Plaintiff Fails to Make Strong Showing Needed to Avoid Enforcement of Forum Selection Clause
On February 8, 2021, Justice Emerson of the Suffolk County Commercial Division issued a decision in … Read More
February 6, 2021
Forum Selection Clause Mandating Federal Forum Cannot Serve as Basis for Jurisdiction in New York State Court
On January 28, 2021, Justice Cohen of the New York County Commercial Division issued a decision in P… Read More
January 15, 2021
Plaintiffs not Bound by Forum Selection Clause Because Agreement to Clause Procured by Fraud
On December 30, 2020, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
June 15, 2020
Allegations of Fraud Unrelated to Forum Selection Clause Do Not Bar Enforcement of Clause
On April 1, 2020, Justice Borrok of the New York County Commercial Division issued a decision in Aby… Read More
September 16, 2019
General Obligations Law 5-1402 Bars Forum Non Conveniens Motion
On September 5, 2019, Justice Borrok of the New York County Commercial Division issued a decision in… Read More
August 19, 2019
Corporate Parent Not Bound by Forum Selection Clause in Contract Signed by Subsidiary
On July 30, 2019, Justice Sherwood of the New York County Commercial Division issued a decision in A… Read More
May 10, 2019
Justice Platkin Analyzes Enforcement of Forum Selection Clauses
On April 17, 2019, Justice Platkin of the Albany County Commercial division issued a decision in New… Read More
April 18, 2019
Non-Signatory Bound By Forum Selection Clause
On March 26, 2019, Justice Masley of the New York County Commercial Divsion issued a decision in Kl… Read More
February 27, 2019
Party That Did Not Sign Contract Can Invoke Contract's Forum Selection Clause Based on Close Relationship With Signatory
On February 8, 2019, Justice Borrok of the New York County Commercial Division issued a decision inÂ… Read More
December 27, 2018
Court Dismisses Action, Enforcing Forum Selection Clause
On December 14, 2018, Justice Emerson of the Suffolk County Commercial Division issued a decision in… Read More
September 5, 2017
Party May Invoke Forum Selection Clause Against Non-Signatory Closely Related to a Signatory
On August 29, 2017, the First Department issued a decision in Universal Investment Advisory SA v. Ba… Read More
July 17, 2017
Forum Selection Clause Precluded Consideration of Forum Non Conveniens Argument
On July 13, 2017, the First Department issued a decision in Honeywell International Inc. v. ARC Ener… Read More
April 10, 2017
Transfer Agent Not Bound By Forum Selection Clause in Notes
On March 30, 2017, Justice Sherwood of the New York County Commercial Division issued a decision in … Read More
March 22, 2017
Defendant Waived Forum Selection Clause By Failing Timely to Object to Forum
On March 8, 2017, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
February 5, 2017
Agreements' Forum Selection Clauses Did Not Bind Non-Signatories
On January 30, 2017, Justice Singh of the New York County Commercial Division issued a decision in S… Read More
January 14, 2017
Court Will Not Enforce Unreasonable Forum Selection Clause
On January 12, 2017, the First Department issued a decision in Prospect Funding Holdings L.L.C v. Ma… Read More
October 12, 2016
Court Properly Enjoined Litigation in Venue Other Than That Provided in Forum Selection Clause
On October 4, 2016, the First Department issued a decision in Madden International, Ltd. v. Lew Foot… Read More
July 4, 2016
Parties Who Did Not Sign Contract With a Forum Selection Clause May Still Be Bound By It
On June 20, 2016, Justice Singh of the New York County Commercial Division issued a decision in Pega… Read More
July 3, 2016
New York Forum Selection Clause Gave Court Jurisdiction to Hold Party in Contempt
On June 23, 2016, the First Department issued a decision in Gliklad v. Cherney, 2016 NY Slip Op. 050… Read More
June 14, 2016
Court Enjoins Participation in Out-of-State Action Violating New York Forum Selection Clause
On May 27, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in G… Read More
March 19, 2016
Litigant Waived Right to Enforce Forum Selection Clause
On March 3, 2016, Justice Kornreich of the New York County Commercial Division issued a decision in … Read More
February 6, 2016
Court Enjoins Party From Pursuing Foreign Lawsuit Violating Forum Selection Clause
On January 15, 2016, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 25, 2015
Action Dismissed Based on Forum Selection Clause
On November 13, 2015, Justice Platkin of the Albany County Commercial Division issued a decision in … Read More
February 10, 2015
Forum Selection Clause Enforced Despite Questions Concerning Law to be Applied in Chosen Forum
On January 30, 2015, Justice Scheinkman of the Westchester County Commercial Division issued a decis… Read More
February 1, 2015
Court Finds That Non-Mandatory UK Forum Selection Clause Supports Forum Non Conveniens Dismissal
On January 21, 2015, Justice Scarpulla of the New York County Commercial Division issued a decision … Read More
November 30, 2014
Court Declines to Stay Action in Favor of Pending Bankruptcy
On November 10, 2014, Justice Schweitzer of the New York County Commercial Division issued a decisio… Read More
