This column reports on notable decisions of the U.S. District Court for the Northern District of New York. This installment discusses an opinion by District Judge Mae A. D’Agostino evaluating whether a forum selection clause precludes removal to federal court; an opinion by Chief District Judge Gary L. Sharpe delineating when a settlement is final and enforceable; and an opinion by Senior District Judge Norman A. Mordue discussing waiver of the affirmative defense of insufficient service of process.
Forum Selection Clause
In Peracchio v. National Sports Academy,1 Judge D’Agostino reminds litigants that forum selection clauses in contracts require precision. Plaintiff John Peracchio joined the Board of Trustees of the non-profit National Sports Academy and promptly lent it over $100,000 under a promissory note. The note provided for the academy’s consent to the jurisdiction of any state or federal court in New York for an action on the note. It also provided that Peracchio could accelerate repayment in the event of default, which included Peracchio no longer serving on the board.
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