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.
Posted on Thu, July 7, 2011
by Sharon Coleman filed under