Skip to content

North Carolina Business Litigation Report

Reporting on Judicial Decisions of Significance to Business & Shareholders

MENU

HomeAbout MackAbout this BlogContact

Choice of Forum

Subscribe to Choice of Forum

A Forum Selection Clause Must Be “Mandatory” To Be Enforceable

By Mack Sperling on December 2, 2011
Posted in Personal Jurisdiction

Everybody loves a penguin, or at least I think that is so.  But Penguin Toilets, the Defendant in Roth v. Penguin Toilets, LLC, 2011 NCBC 45, can’t be loving the result it got on its Motion to Dismiss, which was denied in the Business Court by Judge Murphy on Wednesday.

The Motion to Dismiss…

Laney v.Corn, November 9, 2009 (Diaz)(unpublished)

By Mack Sperling on November 14, 2009
Posted in Contract Interpretation

When the parties to a contract have negotiated and agreed to a mandatory forum selection clause, that clause is valid except when compelling reasons dictate otherwise. 

The Court enforced a forum selection clause in a franchise agreement, and transferred venue of the case from Gaston County to Buncombe County. 

Full Opinion

Fourth Circuit Enforces Forum Selection Clause Requiring Litigation In Amsterdam

By Mack Sperling on June 30, 2009
Posted in Watching The Court

The Fourth Circuit today affirmed the dismissal of a personal injury action based on a forum selection provision requiring that any claims would be resolved in the courts of Amsterdam.  The case is Baker v. Adidas America, Inc.

Plaintiff, who had sued in federal court in North Carolina, argued that she was a college student…

French Choice Of Forum Provision Enforced by North Carolina Business Court

By Mack Sperling on February 18, 2009
Posted in Watching The Court

The North Carolina Business Court ruled today on an issue of first impression — when a North Carolina Court should apply the law of a foreign country — and concluded that it would apply North Carolina law to a forum selection clause requiring the parties to litigate their dispute in the Commercial Court of Paris…

About this Blog

This is a blog for lawyers, though I don’t mean to run anyone off who wants to read it. But I’m writing for the most part about cases that involve issues of North Carolina business law, and the day-to-day practice of business litigation in North Carolina courts.
Case Database

Topics

Archives

Links

  • Amended Rules of the NC Business Court (effective 1-1-17)
  • Delaware Court Opinions (Searchable)
  • North Carolina Business Corporation Act
  • North Carolina Business Court Website
  • North Carolina General Statutes
  • North Carolina Rules Of Civil Procedure

Blogs

  • Delaware Business Litigation Report
  • Delaware Corporate and Commercial Litigation Blog
  • Electronic Discovery Law
  • New York Business Divorce Blog
  • Newsroom Law Blog
  • NY Times DealBook
  • Supreme Court of the United States Blog

Recent Updates

  • Changing Deposition Testimony. Are there limits?
  • NC Business Court Castigates Pro Se Claimant For Abusive Language
  • NC Business Court Rejects Out-Of-State Lawyers’ Application For Fees As Unreasonable
  • Is The NC Business Court “Going To The Dogs?”
  • Part 2 of __ of the Business Court’s Orders Of Significance: Attorney-Client Privilege

North Carolina Business Litigation Report

DisclaimerPrivacy Policy

About Mack Sperling

I’m a business litigator in North Carolina.

I grew up in New York, went to college there (at Union College in Schenectady), and then came to North Carolina to law school at UNC-Chapel Hill. I clerked for United States District Judge Frank Bullock of the U.S. District Court for the Middle District of North Carolina after graduating. Read More

Copyright ©2023, Mack Sperling. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo