In Rare Move, Judge Overrides Forum Selection Clause
In an unusual move, a federal judge in Philadelphia has set aside a forum selection clause and kept a potential class action in the Eastern District of Pennsylvania.
March 16, 2015 at 09:38 PM
4 minute read
In an unusual move, a federal judge in Philadelphia has set aside a forum selection clause and kept a potential class action in the Eastern District of Pennsylvania.
Instead of moving the case to the Northern District of Texas, which would conform to the forum selection clause in the contract at issue, U.S. District Judge Eduardo C. Robreno of the Eastern District of Pennsylvania denied the defendant's motion to transfer the case.
The suit was brought by Amy Silvis, who changed her home's energy supplier to Texas-based Ambit Energy, which had advertised cheaper rates pegged to “market factors,” according to Robreno's opinion.
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