12 Wisconsin opinions name it 2 courts 1992–2022 2 in the last five years
The cases below were cited by Wisconsin 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 |
|---|---|---|
Leasefirst v. Hartford Rexall Drugs, Inc.green2 sentences2021Leasefirst, 168 Wis. 2d at 89 . ¶69 In sum, the plaintiffs fail to point to evidence showing a genuine dispute of fact as to whether the forum selection clause requires that the royalties claim be brought in California. 2021Thus, enforcing the choice of law clause in this case would not come at the expense of Wisconsin’s policy regarding covenants not to compete because we are not called upon to enforce the agreement not to compete. ¶66 The plaintiffs argue that, regardless of the enforceability of the choice of law clause, the forum selection clause is unenforceable on the grounds that: (1) the clause is procedurally unconscionable because it was negotiated by Hunt, who subsequently went to work for American West, and because the parties’ bargaining power was unequal; and (2) the clause is substantively unconsci | 3 | 6 |
Beilfuss v. Huffy Corp.green2 sentences2021However, a court will refuse to enforce a forum selection clause that is “unreasonable under the circumstances,” for example because the forum chosen is “seriously inconvenient,” Beilfuss, 274 Wis. 2d 500, ¶17 , or if it is unconscionable or violates public policy. 2006Although a forum-selection clause is entitled to a favorable presumption, the law also holds that where jurisdiction normally would exist, "it cannot be ousted or waived absent a clear indication of such a purpose." John Boutari & Son, Wines and Spirits, S.A. v. Attiki Importers and Distribs., Inc., 22 F.3d 51, 53 (2d Cir. 1994) (citation omitted); see also Beilfuss, 274 Wis. 2d 500, ¶ 17 (citing Restatement (Second) of Conflict of Laws § 80 (1971), which provides that the parties' agreement as to the place of the action cannot oust a state of judicial jurisdiction, but will be enforced if not | 1 | 2 |
Deminsky v. Arlington Plastics MacHinerygreen2 sentences2019When the laws of “two states are the same, we apply Wisconsin law.” Deminsky v. Arlington Plastics Mach., 2003 WI 15, ¶20 , 259 Wis. 2d 587 , 657 N.W.2d 411 . 5 No. 2018AP2014 A. Procedural unconscionability ¶13 Wargaski contends that the warranty’s forum-selection clause is procedurally unconscionable because the warranty was provided inside of the box containing the roofing panels. 2019When the laws of “two states are the same, we apply Wisconsin law.” Deminsky v. Arlington Plastics Mach., 2003 WI 15, ¶20 , 259 Wis. 2d 587 , 657 N.W.2d 411 . 5 No. 2018AP2014 A. Procedural unconscionability ¶13 Wargaski contends that the warranty’s forum-selection clause is procedurally unconscionable because the warranty was provided inside of the box containing the roofing panels. | 1 | 2 |
Town Bank v. City Real Estate Development, LLCgreen1 sentence2021See Town Bank, 330 Wis. 2d 340, ¶37 (“If the contract is integrated, absent the existence of fraud, duress, or mutual mistake, the court construing the contract may not consider evidence of any prior or contemporaneous oral or written agreement between the parties.”). ¶46 Second, American West argues that the truck rental claims “relate to” the Asset Sale Agreement because the trucks were necessary for operating the trucking business, serving customer accounts purchased under the Asset Sale Agreement, and pulling trailers referenced in the Asset Sale Agreement. | 1 | 1 |
State v. Pettitgreen1 sentence2019See Pettit, 171 Wis. 2d at 646-47 ; Schlieper v. DNR, 188 7 No. 2018AP2014 Wis. 2d 318, 322, 525 N.W.2d 99 (Ct. App. 1994) (unrefuted arguments may be deemed conceded). ¶18 Finally, relying upon our decision in Leasefirst v. Hartford Rexall Drugs, Inc., 168 Wis. 2d 83 , 483 N.W.2d 585 (Ct. App. 1992), Wargaski argues that the “prohibitive cost” of traveling to Texas is sufficient to show that the forum-selection clause is substantively unconscionable. | 1 | 1 |
In Re Salomon Inc. Shareholders' Derivative Litigationgreen2 sentences2012Under an alternative approach, courts look to whether exclusive designation of an arbitrator or arbitration forum is "tantamount to a forum selection clause." Wright, 808 N.W.2d 114 , ¶ 14 n.4 (citing Weiner v. Gutfreund (In re Salomon Inc. S'holders' Derivative Litig.), 68 F.3d 554 (2d Cir. 1995)). 2012The court found the forum selection clause was "as important a consideration as the agreement to arbitrate itself." Id. at 561 (citation omitted). | 1 | 1 |
John Boutari and Son, Wines and Spirits, S.A. v. Attiki Importers and Distributors Incorporatedgreen2 sentences2006Although a forum-selection clause is entitled to a favorable presumption, the law also holds that where jurisdiction normally would exist, "it cannot be ousted or waived absent a clear indication of such a purpose." John Boutari & Son, Wines and Spirits, S.A. v. Attiki Importers and Distribs., Inc., 22 F.3d 51, 53 (2d Cir. 1994) (citation omitted); see also Beilfuss, 274 Wis. 2d 500, ¶ 17 (citing Restatement (Second) of Conflict of Laws § 80 (1971), which provides that the parties' agreement as to the place of the action cannot oust a state of judicial jurisdiction, but will be enforced if not 2006In John Boutari & Son, the forum-selection clause in an agreement between a Greek exporter and a New York importer provided: "Any dispute arising between the parties hereunder shall come within the jurisdiction of the competent Greek Courts, specifically of the Thessaloniki Courts." Id. at 52 . | 1 | 1 |
The Bremen v. Zapata Off-Shore Co.red1 sentence2004Historically, forum *510 selection clauses were disfavored, but in M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10 (1972), the United States Supreme Court held that such clauses are prima facie valid and should be enforced unless enforcement is shown to be unreasonable under the circumstances. | 1 | 1 |
Casey v. Palmer Johnson Inc.green1 sentence1996Nonetheless, we conclude that the grant of admiralty jurisdiction to the federal courts "is to a large extent concurrent with the jurisdiction of state courts and, to a lesser extent, with that of the federal district courts in their *570 non-maritime capacity." Casey v. Palmer Johnson, Inc., 506 F. Supp. 1361, 1364 (E.D. | 1 | 1 |
Datronic Rental Corp. v. DeSol, Inc.green1 sentence1992See id. at 292, 294 , 474 N.W.2d at 781, 782 ; see also Discount Fabric House, Inc. v. Wisconsin Tel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pietroske, Inc. v. Globalcom, Inc.
green
2 sentences2022Cf. Pietroske, Inc. v. Globalcom, Inc., 2004 WI App 142, ¶7 , 275 Wis. 2d 444 , 685 N.W.2d 884 (concluding that a company’s choice of its headquarters’ city in a forum-selection clause was “reasonable” because “all of [the company’s] records and employee- witnesses would be located there”). 2022Cf. Pietroske, Inc. v. Globalcom, Inc., 2004 WI App 142, ¶7 , 275 Wis. 2d 444 , 685 N.W.2d 884 (concluding that a company’s choice of its headquarters’ city in a forum-selection clause was “reasonable” because “all of [the company’s] records and employee- witnesses would be located there”). | 3 | 2006–2022 |
Kohler Co. v. Wixen
green
2 sentences2004In Waukesha county circuit court, Huffy argued that the choice of forum and choice of law clause in the employment agreement was clear and unambiguous and Beilfuss contractually obligated himself to assert any claim he had against Huffy in an Ohio court. *504 Relying upon Kohler Co. v. Wixen, 204 Wis. 2d 327 , 555 N.W.2d 640 (Ct. App. 1996), Huffy contended that the court had to enforce the forum selection clause because it was not unconscionable. 2004In Waukesha county circuit court, Huffy argued that the choice of forum and choice of law clause in the employment agreement was clear and unambiguous and Beilfuss contractually obligated himself to assert any claim he had against Huffy in an Ohio court. *504 Relying upon Kohler Co. v. Wixen, 204 Wis. 2d 327 , 555 N.W.2d 640 (Ct. App. 1996), Huffy contended that the court had to enforce the forum selection clause because it was not unconscionable. | 2 | 2004–2005 |
Converting/Biophile Laboratories, Inc. v. Ludlow Composites Corp.
green
2 sentences2021As explained above, the forum selection clause requires that “[a]ny suit, action or proceeding by any Party that arises under or in any way relates to” the Asset Sale Agreement “be brought only in the state courts of the State of California.” Because the claim for breach of contract depends entirely upon the royalties provision in the Asset Sale Agreement, on its face it arises under the Asset Sale Agreement and, therefore, “may be brought only in the state courts of the State of California,” not in Wisconsin. ¶52 In sum, American West is entitled to summary judgment dismissing the royalty pay 2021The forum selection clause at issue in that case did not contain words such as “only” or “exclusive.” Converting/Biophile, 296 Wis. 2d 273, ¶34 . | 1 | 2021–2021 |
Schlieper v. State Department of Natural Resources
green
1 sentence2019See Pettit, 171 Wis. 2d at 646-47 ; Schlieper v. DNR, 188 7 No. 2018AP2014 Wis. 2d 318, 322, 525 N.W.2d 99 (Ct. App. 1994) (unrefuted arguments may be deemed conceded). ¶18 Finally, relying upon our decision in Leasefirst v. Hartford Rexall Drugs, Inc., 168 Wis. 2d 83 , 483 N.W.2d 585 (Ct. App. 1992), Wargaski argues that the “prohibitive cost” of traveling to Texas is sufficient to show that the forum-selection clause is substantively unconscionable. | 1 | 2019–2019 |
IFC Credit Corp. v. United Business & Industrial Federal Credit Union
green
2 sentences2016When the circuit court dismissed the Parsons' timely jury demand, it relied substantially on IFC Credit Corp. v. United Business & Industrial Federal Credit Union, 512 F.3d 989 (7th Cir. 2008), a case involving a forum selection clause that included a bench trial in the selected federal forum. 2016The IFC Credit court explained that Illinois law controlled the interpretation and application of the contract, id. at 991 , and noted that the court had previously held that "the forum-selection clause . .. included in [the] contracts is valid and may be enforced by IFC . .. unless the clause was the result of a distinct fraud." Id. | 1 | 2016–2016 |
Wright v. GGNSC Holdings LLC
green
1 sentence2012Under an alternative approach, courts look to whether exclusive designation of an arbitrator or arbitration forum is "tantamount to a forum selection clause." Wright, 808 N.W.2d 114 , ¶ 14 n.4 (citing Weiner v. Gutfreund (In re Salomon Inc. S'holders' Derivative Litig.), 68 F.3d 554 (2d Cir. 1995)). | 1 | 2012–2012 |
K & v Scientific Co. v. Bayerische Motoren Werke Aktiengesellschaft (\BMW\")"
green
1 sentence2006Id. at 498 . ¶ 31. | 1 | 2006–2006 |
Citro Florida, Inc., a Florida Corporation v. Citrovale, S.A., a Foreign Corporation
green
2 sentences2006In Citro Florida, Inc. v. Citrovale, S.A., 760 F.2d 1231 (11th Cir. 1985), the district court terminated the Florida plaintiffs breach of contract suit against the Brazilian defendant on grounds that the forum-selection clause disposed of the action. 2006Id. at 1231 . | 1 | 2006–2006 |
Utah Pizza Service, Inc. v. Heigel
green
1 sentence2006Utah Pizza, 784 F. Supp. at 837 . | 1 | 2006–2006 |
State v. Olson
green
2 sentences2005State v. Olson, 175 Wis. 2d 628 , 642 n.10, 498 N.W.2d 661 (1993). [8] Text searches of electronic databases of Wisconsin statutes indicate that the phrase "court of competent jurisdiction" is used 175 times in 153 different Wisconsin statutes. [9] The court of appeals has considered the phrase "court of competent jurisdiction" in the context of deciding that a forum selection clause of a guaranty conferred the right to exercise personal jurisdiction by consent. 2005State v. Olson, 175 Wis. 2d 628 , 642 n.10, 498 N.W.2d 661 (1993). [8] Text searches of electronic databases of Wisconsin statutes indicate that the phrase "court of competent jurisdiction" is used 175 times in 153 different Wisconsin statutes. [9] The court of appeals has considered the phrase "court of competent jurisdiction" in the context of deciding that a forum selection clause of a guaranty conferred the right to exercise personal jurisdiction by consent. | 1 | 2005–2005 |
Hall v. Superior Court
green
2 sentences2004Id. at 416 . 2004Id. | 1 | 2004–2004 |
First Federal Financial Service, Inc. v. Derrington's Chevron, Inc.
green
2 sentences2004In Leasefirst, 168 Wis. 2d at 90 , and First Federal, 230 Wis. 2d at 557 n.2, we were also concerned that the forum-selection clause was in a small print size; in this case, the clause is in the same size print as all of the terms on the page. ¶ 9. 2004This case does have one similarity with Leasefirst, 168 Wis. 2d at 90 , and First Federal, 230 Wis. 2d at 561 : the forum-selection clause was not explained to the buyer. | 1 | 2004–2004 |
Corna v. American Hawaii Cruises, Inc.
green
2 sentences1996An analogous federal case reached the same result in Corna v. American Hawaii Cruises, Inc., 794 F. Supp. 1005 (D. 1996"Under these circumstances, the court cannot find that the forum-selection clause as applied to these plaintiffs is reasonable where plain *573 tiffs had no opportunity under the express terms of the contract to reject the forum-selection clause without forfeiture of the entire purchase price and the imposition of additional penalties." Id. at 1012 . | 1 | 1996–1996 |
Carnival Cruise Lines, Inc. v. Shute
green
2 sentences1996Axel and Ingert Johnson appeal a summary, judgment dismissing their complaint against Holland America Line-Westours, Inc. (Holland America), for a refund or credit of a $9,806 cruise ticket. 1 They argue that the trial court erroneously ruled that the parties were bound by a forum selection clause contained in their ticket. 2 Pursuant to the test set out in Carnival Cruise Lines v. Shute, 499 U.S. 585 (1991), we reverse the judgment. 1996Second, the forum selection clause must be "fundamentally fair." Shute, 499 U.S. at 595 . 7 *570 Under the "reasonably communicativeness test" adopted in Deiro , the court must determine whether the contract reasonably communicated to the passenger the existence of important terms and conditions that affect legal rights. | 1 | 1996–1996 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.