forum selection clause (Nebraska) · Go Syfert
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forum selection clause in Nebraska

11 Nebraska opinions name it 2 courts 1993–2026 5 in the last five years

The cases below were cited by Nebraska 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.

Followed or applied (3)

CaseFollowedCited
Rocky Mountain Builders Supply Inc. v. Marksgreen
utahctapp · 2017 · cited in 1 Nebraska opinions naming this issue, 2026–2026
1 sentence

2026See Rocky Mountain Builders Supply Inc. v. Marks, 392 P.3d 981 (Utah App. 2017).

11
Interfund Corp. v. O'BYRNEgreen
minnctapp · 1990 · cited in 1 Nebraska opinions naming this issue, 2007–2007
1 sentence

2007With regard to the golf courses’ argument that most of the witnesses are from Nebraska, we note that it has been stated that a forum is seriously inconvenient only if one party would be “ ‘effectively deprived of a meaningful day in court.’” See Interfund Corp. v. O’Byrne, 462 N.W.2d 86, 88 (Minn. App. 1990) (quoting The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 , 92 S. Ct. 1907 , 32 L.

11
Turcheck v. Amerifund Financial, Incgreen
michctapp · 2007 · cited in 1 Nebraska opinions naming this issue, 2007–2007
2 sentences

2007See Turcheck v. Amerifund Financial, Inc., 272 Mich. App. 341 , 725 N.W.2d 684 (2006). (b) Application of Law to Forum Selection Clause in Thornridge Lease Under the Act, Nebraska courts are generally directed to enforce forum selection clauses unless certain statutory exceptions apply.

2007See Turcheck v. Amerifund Financial, Inc., 272 Mich. App. 341 , 725 N.W.2d 684 (2006). (b) Application of Law to Forum Selection Clause in Thornridge Lease Under the Act, Nebraska courts are generally directed to enforce forum selection clauses unless certain statutory exceptions apply.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Nebraska. Read the followed side critically anyway.

Also cited on this issue (12)

CaseCitedYears
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex. green
scotus · 2013
2 sentences

2021Id.

2019Id.

22019–2021
WOODMEN OF WORLD LIFE v. Walker neutral
nebctapp · 1993
2 sentences

1996App. 882 , 510 N.W.2d 439 (1993), it would not be reasonable and just to enforce the forum selection clause.

1996App. 882 , 510 N.W.2d 439 (1993), it would not be reasonable and just to enforce the forum selection clause.

21996–1996
Acklie v. Nebraska Dept. of Rev. green
neb · 2022
1 sentence

2026Nebraska case law has recognized that “any self-serving declaration . . . may frequently lack persuasiveness or even be contradicted or negatived by other declarations and inconsistent acts.” Acklie v. Nebraska Dept. of Rev., 313 Neb. 28, 40 , 982 N.W.2d 228 , 237 (2022) (quoting Houghton v. Nebraska Dept. of Rev., 308 Neb. 188 , 953 N.W.2d 237 (2021)).

12026–2026
Houghton v. Nebraska Dept. of Rev. green
neb · 2021
1 sentence

2026Nebraska case law has recognized that “any self-serving declaration . . . may frequently lack persuasiveness or even be contradicted or negatived by other declarations and inconsistent acts.” Acklie v. Nebraska Dept. of Rev., 313 Neb. 28, 40 , 982 N.W.2d 228 , 237 (2022) (quoting Houghton v. Nebraska Dept. of Rev., 308 Neb. 188 , 953 N.W.2d 237 (2021)).

12026–2026
Polk County Recreational Ass'n v. Susquehanna Patriot Commercial Leasing Co. green
neb · 2007
1 sentence

2024Id.

12024–2024
Mueller v. Peetz green
neb · 2023
1 sentence

2023PEETZ Cite as 313 Neb. 173 Just as in Yelich, supra, when the declaratory judgment action was initiated in this case, the issue that is the subject of that declaratory action—whether the settlement agreement precludes setoff—had already been raised in another action involving the same parties that was pending in the court of another state.

12023–2023
Milmar Food Group II v. Applied Underwriters green
nebctapp · 2021
2 sentences

2021The district court determined, sua sponte, that “the forum selection clause should be set aside under the doctrine of - 720 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports MILMAR FOOD GROUP II v. APPLIED UNDERWRITERS Cite as 29 Neb.

2021The district court determined, sua sponte, that “the forum selection clause should be set aside under the doctrine of - 720 - Nebraska Court of Appeals Advance Sheets 29 Nebraska Appellate Reports MILMAR FOOD GROUP II v. APPLIED UNDERWRITERS Cite as 29 Neb.

12021–2021
Applied Underwriters Captive Risk Assurance Co. v. E.M. Pizza, Inc. green
nebctapp · 2019
1 sentence

2019PIZZA Cite as 26 Neb.

12019–2019
Patriot Commercial Leasing Co. v. Kremer Restaurant Enterprises, LLC green
pasuperct · 2006
2 sentences

2007Recently, in Patriot Leasing Co. v. Kremer Restaurant, 915 A.2d 647 (Pa. Super. 2006), the Superior Court of Pennsylvania found that a forum selection clause identical to the clause in the Thornridge lease was enforceable.

2007The court stated that “mere inconvenience or additional expense will not permit a forum selection clause to be avoided” and that “if the forum is available and can do substantial justice to the action, there is no serious impairment of a party’s ability to litigate.” Id. at 652 .

12007–2007
The Bremen v. Zapata Off-Shore Co. red
scotus · 1972
2 sentences

2007With regard to the golf courses’ argument that most of the witnesses are from Nebraska, we note that it has been stated that a forum is seriously inconvenient only if one party would be “ ‘effectively deprived of a meaningful day in court.’” See Interfund Corp. v. O’Byrne, 462 N.W.2d 86, 88 (Minn. App. 1990) (quoting The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 , 92 S. Ct. 1907 , 32 L.

2007With regard to the golf courses’ argument that most of the witnesses are from Nebraska, we note that it has been stated that a forum is seriously inconvenient only if one party would be “ ‘effectively deprived of a meaningful day in court.’” See Interfund Corp. v. O’Byrne, 462 N.W.2d 86, 88 (Minn. App. 1990) (quoting The Bremen v. Zapata Off-Shore Co., 407 U.S. 1 , 92 S. Ct. 1907 , 32 L.

12007–2007
St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company v. Courtney Enterprises, Inc. green
ca8 · 2001
1 sentence

2005Paul Fire and Marine v. Courtney Enterprises, supra. *572 Under Nebraska law, the enforceability of a forum selection clause is evaluated by the terms of the Choice of Forum Act.

12005–2005
Gulf Oil Corp. v. Gilbert red
scotus · 1947
2 sentences

1993In Gulf Oil Corp. v. Gilbert, 330 U.S. 501 , 67 S.Ct. 839 , 91 L.Ed. 1055 (1947), the Court stated the still-valid proposition that a plaintiff may not harass a defendant by inflicting upon him unnecessary expense or trouble, but unless the balance between advantages and obstacles to a fair trial weighs strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed.

1993In Gulf Oil Corp. v. Gilbert, 330 U.S. 501 , 67 S.Ct. 839 , 91 L.Ed. 1055 (1947), the Court stated the still-valid proposition that a plaintiff may not harass a defendant by inflicting upon him unnecessary expense or trouble, but unless the balance between advantages and obstacles to a fair trial weighs strongly in favor of the defendant, the plaintiff's choice of forum should rarely be disturbed.

11993–1993

Statutes the citing opinions construe

NE § Neb. Rev. Stat. § 25-414 (7) NE § Neb. Rev. Stat. § 25-415 (5) NE § Neb. Rev. Stat. § 25-413 (3) NE § Neb. Rev. Stat. § 25-536 (3)

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.

Where else courts name it

TX 363 (1991–2026) NY 205 (1978–2026) FL 148 (1985–2026) CA 147 (1976–2026) DE 108 (1996–2026) OH 74 (1984–2025) MA 64 (1984–2026) IL 59 (1979–2025) NC 53 (1992–2025) AL 53 (1991–2026) WA 50 (1995–2025) PA 46 (1990–2026) LA 43 (1992–2025) CT 39 (1992–2026) NJ 39 (1992–2026) GA 39 (1996–2025) MO 38 (1984–2024) IN 24 (1990–2024) UT 21 (1993–2026) AZ 17 (1979–2025) MI 16 (1998–2026) MD 16 (1997–2026) TN 15 (1989–2025) OK 15 (1989–2020) MN 14 (1982–2017) VA 13 (1990–2025) OR 12 (1984–2024) WI 12 (1992–2022) MS 11 (1999–2023) NE 11 (1993–2026) NV 11 (1989–2021) AR 11 (1991–2019) WV 10 (1981–2024) SC 10 (1993–2023) CO 10 (1985–2014) KS 9 (1992–2019) NH 8 (1984–2023) VT 8 (1986–2023) IA 8 (2007–2025) SD 8 (1997–2022) MT 7 (1985–2023) KY 7 (1997–2022) DC 7 (2002–2025) AK 7 (1980–2024) WY 7 (1992–2024) ID 6 (1989–2021) RI 6 (1998–2016) ND 5 (2001–2023) ME 5 (2003–2021) NM 4 (2004–2022) PR 3 (1991–2017)

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.

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