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Posts Categorized: Forum Selection Clause

Posted: 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 Melrose Assoc. L.P. v. Floral Assoc. L.P., 2021 NY Slip Op. 31827(U), holding that a forum selection clause mandating a federal forum is unenforceable when there is no federal jurisdiction, explaining: It is the policy of the courts... Read more »

Posted: 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 Serface Care, Inc. v. Berry Good Labs, LLC, 2021 NY Slip Op. 31900(U), holding that when a forum selection clause selecting only a federal forum is unenforceable, the parties can sue in other jurisdictions, explaining: The forum selection... Read more »

Posted: 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-Systems Corp. v. Mountain Am. Fed. Credit Union, 2021 NY Slip Op. 31393(U), holding that a forum selection clause was not incorporated into a contract when the contract only referred to the agreement containing the forum selection clause,... Read more »

Posted: 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 Stein v. United Wind, Inc., 2021 NY Slip Op. 50095(U), holding that a plaintiff had failed to make the strong showing needed to avoid the enforcement of a forum selection clause, explaining: The plaintiffs signed the subscription agreements, on... Read more »

Posted: 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 PBF I Holdings Ltd. v. Valero (Peru) Holdings Ltd., 2021 NY Slip Op. 30289(U), holding that a forum selection clause mandating a forum in the federal courts in New York cannot serve as the basis for jurisdiction in... Read more »

Posted: 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 Marcal Fin. SA v. Sutton, 2020 NY Slip Op. 51576(U), holding that plaintiffs were not bound by a forum selection clause that was procured by fraud, explaining: The defendants argue based on the Atlas Forum Selection clause, which... Read more »

Posted: 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 Abyss Ltd. v. Netki, Inc., 2020 NY Slip Op. 31523(U), holding that allegations of fraud unrelated to an agreement’s forum selection clause do not bar enforcement of the clause, explaining: A forum selection clause is a contractual provision... Read more »

Posted: 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 HH Trinity Apex Invs. LLC v. Hendrickson Props. LLC, 2019 NY Slip Op. 32623(U), holding that GOL 5-1402 barred a forum non conveniens motion, explaining: When the court finds that in the interest of substantial justice the action... Read more »

Posted: 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 Array Biopharma, Inc. v. Astrazeneca PLC, 2019 NY Slip Op. 32345(U), holding that a corporate parent was not bound by a forum selection clause in a contract signed by a subsidiary, explaining: The General Obligations Law states, in... Read more »

Posted: 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 York State Workers’ Compensation Bd. v. Episcopal Church Home & Affiliates, Inc., 2019 NY Slip Op. 29117, analyzing the law governing the enforcement of forum selection clauses: CPLR 501 provides that a written agreement fixing place of trial,... Read more »