Court Enforces Forum-Selection Clause
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
The Dallas Court of Appeals recently enforced a forum-selection clause against the employer that drafted the employment agreement containing the clause. In re Brown, No. 05-13-01354-CV (Tex. App.—Dallas, Nov. 21, 2013, available at http://www.search.txcourts.gov/SearchMedia.aspx?MediaVersionID=28abe7d7-0cae-4b5b-bf11-70127c7831ea&coa=coa05&DT=Opinion&MediaID=7bfb7fd6-495c-4d3a-a3a0-a132d430f394).
After being sued by her former employer in Dallas, Relator Brown moved to dismiss the case based on a forum-selection clause that set Virginia as the proper forum. The court denied her motion, and she sought mandamus review. The Court concluded the trial court abused its discretion by refusing to enforce the forum-selection clause.
A trial court abuses its discretion by refusing to enforce a forum-selection clause unless the party opposing enforcement shows: (1) enforcement would be unreasonable or unjust; (2) the clause is invalid because of fraud or overreaching; (3) enforcement would contravene a strong public policy; or (4) the selected forum would be seriously inconvenient.
The Court found no evidence that requiring the employer to comply with the clause would be unreasonable or unjust or that the clause was invalid because of fraud or overreaching. Likewise, nothing indicated that the inconvenience the employer complained about wasn’t readily apparent to it at the time of contracting. Finally, the clause was not void as against public policy simply because it would require witnesses to travel to Virginia.
To learn more about forum-selection clauses, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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