The U.S. District Court for the Western District of New York analyzed the possible procedural vehicles for motions to dismiss based on forum selection clauses, including the different applicable evidentiary standards, in disputes from Texas to the United Kingdom. The two cases are instructional to those drafting agreements as well as those litigating them.
Enforceability of Clause
In Frankford Crossing Shopping Center Dallas v. Pho Partners, No. 12-CV-6424L, 2013 U.S. Dist. LEXIS 60885 (W.D.N.Y. April 29, 2013), Senior District Judge David G. Larimer enforced a forum selection clause against a corporate tenant and non-signatory individual guarantor and remanded the case to Monroe County Supreme Court.
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