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
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.
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
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