Forum selection clause

Though New Jersey Plaintiff, Not Utah Defendant, Originated Their Business Relationship, New Jersey Still Has Personal Jurisdiction Over Defendant

Allure Pet Products, LLC v. Donnelly Marketing & Development LLC, 477 N.J. Super. 541 (App. Div. 2024). Today's opinion by Judge Sabatino in this case dealt with the question of...

Fraud in the Inducement Claim Won't Defeat Forum Selection Clause Unless Fraud Involved That Clause Specifically

Largoza v. FKM Real Estate Holdings, Inc., 252 N.J. Super. 331 (App. Div. 2022). A line of federal cases that includes Prima Paint Corp. v. Flood & Conklin Mfg. Co., 388...

Where Purported Forum for Arbitration is Non-Existent, Arbitration Agreement Will Not be Enforced

MacDonald v. Cashcall, Inc., 883 F.3d 220 (3d Cir. 2018). There have been some outlandish circumstances in decisions involving arbitration, especially in the class action context. But today's case, a...

A "Layered Choice-of-Law" Appeal Involving a Forum Selection Clause

Collins v. Mary Kay, Inc., 874 F.3d 176 (3d Cir. 2017). This opinion of the Third Circuit today, written by Judge Restrepo, answers what he called "a layered choice-of-law question:...

The Third Circuit Grants Mandamus, and Announces a New Test for Transfer in Unusual Circumstances

In re Howmedica Osteonics Corp., 867 F.3d 390 (3d Cir. 2017). Today's opinion by Judge Krause contains a little bit of a lot of things: in no particular order, waiver,...

Forum Selection Clauses and Non-Parties to Such Clauses

Carlyle Investment Management LLC v. Moonmouth Company SA, 779 F.3d 214 (3d Cir. 2015). Parties can, and often do, include forum selection clauses in their contracts. Such clauses are frequently...

Transfer of Venue and Forum Non Conveniens

Atlantic Marine Const. Co. v. U.S. District Court, 571 U.S. ___ (2013). This case offers a lesson in differentiating when, in a contract case where the applicable agreement contains a...

Supreme Court Grants Review of Hoffman v. Supplements Togo

Today, the Supreme Court announced that it had granted certification to review the Appellate Division's decision in Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). The...

"In the Courts of New Jersey" vs. "Of the Courts of New Jersey"

State of New Jersey v. Merrill Lynch & Co., Inc., 640 F.3d 545 (3d Cir. 2011). Does a forum selection clause providing that "exclusive jurisdiction … shall lie in the appropriate courts...

"Submerged" Forum Selection Clause on Seller's Website is Presumptively Unenforceable

Hoffman v. Supplements Togo Management, LLC, 419 N.J. Super. 596 (App. Div. 2011). In Caspi v. Microsoft Network, LLC, 323 N.J. Super. 118 (App. Div. 1999), the Appellate Division upheld a forum selection...