Briefs Regarding Forum Selection Clauses in Contracts

Client signed a vehicle purchase agreement in Oklahoma but then picked up the vehicle at dealer in another state and executed a limited warranty agreement prepared by the manufacturer in third state. The vehicle is a lemon, suit was filed and now we are in federal court. The manufacturer filed a motion to transfer the case to the federal court in the third state where the manufacturing plant is based on a provision in the limited warranty contract which provides for exclusive jurisdiction in that forum for suits concerning defects.

Answer: Don’t have a brief for you but here are some cases which will get you started: Bakhsh v. Jaccrc Enterprises, Inc., 1995 OK CIV APP 40, 895 P.2d 746): Forum selection clause valid where not unfair or unreasonable. Accord: Adams v. Bay, Ltd., 2002 OK CIV APP 117, 60 P.3d 509; Baker Leasing, Inc. v. State Ins. Fund, 1995 OK CIV APP 158. Eads v. Woodmen of the World Life Ins. Soc., 1989 OK CIV APP 19, 785 P.2d 328: Forum selection clause not enforceable where not freely negotiated and plaintiff/employee had not sign contract or lose his job. Lively v. IJAM, Inc., 2005 OK CIV APP 29, 114 P.3d 487: Forum selection clause not enforceable where contained in an invoice which accompanied deliver of product. Contract was already made before purchaser ever had an opportunity to see the FSC.