Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
13 Virginia opinions name it 7 courts 1990–2025 2 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Edwards v. Commonwealthgreen2 sentences2025See Edwards v. Commonwealth, 41 Va. App. 752, 760 (2003) (en banc) (“Making one specific argument on an issue does not preserve a separate legal point on the same issue for review.”). -4- Trial was held without a jury on November 19-22, 2022. 2025See Edwards v. Commonwealth, 41 Va. App. 752, 760 (2003) (en banc) (“Making one specific argument on an issue does not preserve a separate legal point on the same issue for review.”). -4- Trial was held without a jury on November 19-22, 2022. | 2 | 2 |
Paul Business Systems, Inc. v. Canon U.S.A., Inc.green2 sentences2002Sys., Inc. v. Canon U.S.A., Inc., 240 Va. 337, 342 , 397 S.E.2d 804, 807 (1990). 2002Sys., Inc. v. Canon U.S.A., Inc., 240 Va. 337, 342 , 397 S.E.2d 804, 807 (1990). | 2 | 2 |
Albemarle Corp. v. AstraZeneca UK Ltd.green1 sentence2019"Questions of venue and the enforcement of forum selection clauses are essentially procedural, rather than substantive, in nature." Jones v. Weibrecht , 901 F.2d 17 , 19 (2d Cir. 1990) ; see also Albemarle Corp. v. AstraZeneca UK Ltd. , 628 F.3d 643 , 650 (4th Cir. 2010) ("As an agreement purporting to modify or waive the venue of a federal court, a forum selection clause implicates what is recognized as a procedural matter."). | 1 | 1 |
Kettler International, Inc. v. Starbucks Corp.green1 sentence2019See Kettler , 55 F. Supp. 3d at 850 (finding waiver of a forum selection clause when a party has taken action inconsistent with its enforcement or delayed its enforcement to the prejudice of the opposing party); see also MicroStrategy, Inc. v. Lauricia , 268 F.3d 244 , 249 (4th Cir. 2001) (finding waiver of a right to arbitration "if the party so substantially utiliz[es] the litigation machinery that to subsequently permit arbitration would prejudice" the opposing party, and that "delay and the extent of the moving party's trial-oriented activity are material factors") (citation and internal q | 1 | 1 |
cluster 775216green1 sentence2019See Kettler , 55 F. Supp. 3d at 850 (finding waiver of a forum selection clause when a party has taken action inconsistent with its enforcement or delayed its enforcement to the prejudice of the opposing party); see also MicroStrategy, Inc. v. Lauricia , 268 F.3d 244 , 249 (4th Cir. 2001) (finding waiver of a right to arbitration "if the party so substantially utiliz[es] the litigation machinery that to subsequently permit arbitration would prejudice" the opposing party, and that "delay and the extent of the moving party's trial-oriented activity are material factors") (citation and internal q | 1 | 1 |
Caperton v. AT Massey Coal Co., Inc.green1 sentence2013Caperton IV, 690 S.E.2d at 354, 357 . | 1 | 1 |
S & D Coffee, Inc. v. Gei Autowrappersgreen1 sentence2007See generally S & D Coffee, 995 F. Supp. 607; Docksider, 875 F. 2d 762; and Ex parte Bad Toys Holdings, 958 So. 2d 852 , 2006 Ala. LEXIS 325 . | 1 | 1 |
Hunt Wesson Foods, Inc. v. Supreme Oil Companygreen2 sentences2007Hunt Wesson Foods, Inc. v. Supreme Oil Co., 817 F.2d 75, 77 (9th Cir. 1987). 2007See 817 F.2d at 77 (finding contract language stating, “the Courts of California, County of Orange, shall have jurisdiction over the parties in any action at law relating to the subject matter or the interpretation of this contract” to be .a permissive forum selection clause). | 1 | 1 |
Ciarochi v. Ciarochigreen2 sentences2003Therefore, any fraud sufficient to vitiate the forum selection provision must be directed specifically at the insertion of the forum selection clause in the contract and be proven by clear and convincing evidence. “[W]here fraud is relied on, the [pleading] must show specifically in what the fraud consists, so that the defendant may have the opportunity of shaping his defence accordingly, and since [fraud] must be clearly proved it must be distinctly stated.” Mortarino v. Consultant Eng’g Servs., 251 Va. 289, 295 , 467 S.E.2d 778 (1996), quoting Ciarochi v. Ciarochi, 194 Va. 313, 315 , 73 S.E. 2003Therefore, any fraud sufficient to vitiate the forum selection provision must be directed specifically at the insertion of the forum selection clause in the contract and be proven by clear and convincing evidence. “[W]here fraud is relied on, the [pleading] must show specifically in what the fraud consists, so that the defendant may have the opportunity of shaping his defence accordingly, and since [fraud] must be clearly proved it must be distinctly stated.” Mortarino v. Consultant Eng’g Servs., 251 Va. 289, 295 , 467 S.E.2d 778 (1996), quoting Ciarochi v. Ciarochi, 194 Va. 313, 315 , 73 S.E. | 1 | 1 |
Harden v. American Airlinesgreen2 sentences2000The Court said that the case was still a “lawsuit arising out of or in any matter related to the Cruise, and as such, was subject to the forum selection clause.” Harden v. American Airlines, 178 F.R.D. 583, 587 (1998). 2000See Harden v. American Airlines, 178 F.R.D. 583, 587 (1998). | 1 | 1 |
Bryant Electric Company, Inc. v. City of Fredericksburg and Malcolm Pirnie, Inc.green2 sentences1990Co., Inc. v. City of Fredericksburg, 762 F.2d 1192, 1196-97 (4th Cir. 1985) (applying Virginia law, determining that Virginia would follow the modern view, and enforcing a forum selection clause). 1990Co., Inc. v. City of Fredericksburg, 762 F.2d 1192, 1196-97 (4th Cir.1985) (applying Virginia law, determining that Virginia would follow the modern view, and enforcing a forum selection clause). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Carnival Cruise Lines, Inc. v. Shute
green
2 sentences2000In the case of a form passage contract, such as the one at issue here, the forum selection clause must be scrutinized to determine if the agreement was a result of fraud or overreaching, and whether there has been a breach of“fundamental fairness,” Shute, 499 U.S. at 595 . 2000Shute, 499 U.S. at 593 . | 2 | 1992–2000 |
Faison v. Hudson
green
2 sentences2019In Faison v. Hudson , 243 Va. 413 , 418, 417 S.E.2d 302 (1992), this Court held that the defendant waived her objection to venue under Code § 8.01-264 because she delayed seeking dismissal or transfer of the case for six months after she filed her objection. 2019In Faison v. Hudson , 243 Va. 413 , 418, 417 S.E.2d 302 (1992), this Court held that the defendant waived her objection to venue under Code § 8.01-264 because she delayed seeking dismissal or transfer of the case for six months after she filed her objection. | 1 | 2019–2019 |
Nettie Marie Jones v. Edwin H. Weibrecht, Jr., Edwin H. Weibrecht, Jr. v. Nettie Marie Jones
green
1 sentence2019"Questions of venue and the enforcement of forum selection clauses are essentially procedural, rather than substantive, in nature." Jones v. Weibrecht , 901 F.2d 17 , 19 (2d Cir. 1990) ; see also Albemarle Corp. v. AstraZeneca UK Ltd. , 628 F.3d 643 , 650 (4th Cir. 2010) ("As an agreement purporting to modify or waive the venue of a federal court, a forum selection clause implicates what is recognized as a procedural matter."). | 1 | 2019–2019 |
Welding, Inc. v. Bland County Service Authority
green
2 sentences2012Id. at 222 , 541 S.E.2d at 911 . 2012Id. at 222 , 541 S.E.2d at 911 . | 1 | 2012–2012 |
Powerex Corp. v. Reliant Energy Services, Inc.
green
2 sentences2007And, a forum selection clause was found to be mandatory when it stated “this Agreement shall be litigated only in the Superior Court for Los Angeles.” Pelleport Investors, Inc. v. Budco Quality Theatres, Inc., 741 F.2d 273 (9th Cir. 1984) (overruled on other grounds in Powerex Corp. v. Reliant Energy Svcs., 127 S. Ct. 2411 , 168 L. 2007And, a forum selection clause was found to be mandatory when it stated “this Agreement shall be litigated only in the Superior Court for Los Angeles.” Pelleport Investors, Inc. v. Budco Quality Theatres, Inc., 741 F.2d 273 (9th Cir. 1984) (overruled on other grounds in Powerex Corp. v. Reliant Energy Svcs., 127 S. Ct. 2411 , 168 L. | 1 | 2007–2007 |
Bad Toys Holdings v. Emergystat of Sulligent
green
1 sentence2007See generally S & D Coffee, 995 F. Supp. 607; Docksider, 875 F. 2d 762; and Ex parte Bad Toys Holdings, 958 So. 2d 852 , 2006 Ala. LEXIS 325 . | 1 | 2007–2007 |
Nos. 83-6228, 83-7678
green
1 sentence2007And, a forum selection clause was found to be mandatory when it stated “this Agreement shall be litigated only in the Superior Court for Los Angeles.” Pelleport Investors, Inc. v. Budco Quality Theatres, Inc., 741 F.2d 273 (9th Cir. 1984) (overruled on other grounds in Powerex Corp. v. Reliant Energy Svcs., 127 S. Ct. 2411 , 168 L. | 1 | 2007–2007 |
Citro Florida, Inc., a Florida Corporation v. Citrovale, S.A., a Foreign Corporation
green
1 sentence2007The language in the present case is very similar to the language in Hunt Wesson and “mandates nothing more than that the [Tennessee] courts have jurisdiction.” Hunt Wesson Foods, Inc. For an interesting, and succinct, dissent on whether the construction rule of ambiguities construed against drafter applied, see Citro Florida, Inc. v. Citrovale, S.A., 760 F.2d 1231 (1985), where the purported forum selection clause, in its entirety, was “Place of jurisdiction is Sao Paulo, Brazil” and the dissent stated “Place is singular. | 1 | 2007–2007 |
Docksider, Ltd. v. Sea Technology, Ltd.
green
1 sentence2007See generally S & D Coffee, 995 F. Supp. 607; Docksider, 875 F. 2d 762; and Ex parte Bad Toys Holdings, 958 So. 2d 852 , 2006 Ala. LEXIS 325 . | 1 | 2007–2007 |
Crawford v. Emergystat of Sulligent, Inc.
green
1 sentence2007See generally S & D Coffee, 995 F. Supp. 607; Docksider, 875 F. 2d 762; and Ex parte Bad Toys Holdings, 958 So. 2d 852 , 2006 Ala. LEXIS 325 . | 1 | 2007–2007 |
Mortarino v. Consultant Engineering Services, Inc.
green
2 sentences2003Therefore, any fraud sufficient to vitiate the forum selection provision must be directed specifically at the insertion of the forum selection clause in the contract and be proven by clear and convincing evidence. “[W]here fraud is relied on, the [pleading] must show specifically in what the fraud consists, so that the defendant may have the opportunity of shaping his defence accordingly, and since [fraud] must be clearly proved it must be distinctly stated.” Mortarino v. Consultant Eng’g Servs., 251 Va. 289, 295 , 467 S.E.2d 778 (1996), quoting Ciarochi v. Ciarochi, 194 Va. 313, 315 , 73 S.E. 2003Therefore, any fraud sufficient to vitiate the forum selection provision must be directed specifically at the insertion of the forum selection clause in the contract and be proven by clear and convincing evidence. “[W]here fraud is relied on, the [pleading] must show specifically in what the fraud consists, so that the defendant may have the opportunity of shaping his defence accordingly, and since [fraud] must be clearly proved it must be distinctly stated.” Mortarino v. Consultant Eng’g Servs., 251 Va. 289, 295 , 467 S.E.2d 778 (1996), quoting Ciarochi v. Ciarochi, 194 Va. 313, 315 , 73 S.E. | 1 | 2003–2003 |
Hooper v. Musolino
green
2 sentences2002First, the Supreme Court of Virginia’s decision in Hooper v. Musolino, 234 Va. 558 , 364 S.E.2d 207 , cert, denied 488 U.S. 823 (1988), requires that if an agreement between parties contains a forum selection clause, it can be enforced if the choice was not obtained by unfair means, if the contract has a reasonable relation to the state chosen, and if the law of the state chosen is not contrary to the public policy of Virginia. 2002First, the Supreme Court of Virginia’s decision in Hooper v. Musolino, 234 Va. 558 , 364 S.E.2d 207 , cert, denied 488 U.S. 823 (1988), requires that if an agreement between parties contains a forum selection clause, it can be enforced if the choice was not obtained by unfair means, if the contract has a reasonable relation to the state chosen, and if the law of the state chosen is not contrary to the public policy of Virginia. | 1 | 2002–2002 |
Moore v. Consolidated Rail Corp.
green
1 sentence2002First, the Supreme Court of Virginia’s decision in Hooper v. Musolino, 234 Va. 558 , 364 S.E.2d 207 , cert, denied 488 U.S. 823 (1988), requires that if an agreement between parties contains a forum selection clause, it can be enforced if the choice was not obtained by unfair means, if the contract has a reasonable relation to the state chosen, and if the law of the state chosen is not contrary to the public policy of Virginia. | 1 | 2002–2002 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.