forum selection clause (South Carolina) · Go Syfert
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forum selection clause in South Carolina

10 South Carolina opinions name it 2 courts 1993–2023 2 in the last five years

The cases below were cited by South Carolina 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 (11)

CaseFollowedCited
Republic Leasing Co., Inc. v. Haywoodgreen
scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See Republic Leasing, 329 S.C. at 566 , 495 S.E.2d at 806 (citations omitted) ("Forum selection clauses will not be enforced if unreasonable or unjust. . . .

2023See Republic Leasing, 329 S.C. at 566 , 495 S.E.2d at 806 (citations omitted) ("Forum selection clauses will not be enforced if unreasonable or unjust. . . .

11
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.green
scotus · 2013 · cited in 1 South Carolina opinions naming this issue, 2023–2023
1 sentence

2023Dist. of Tex., 571 U.S. 49, 60 (2013) (finding "the appropriate way to enforce a forum selection clause pointing to a state or foreign forum is through the doctrine of [forum non conveniens]").

11
Martinez v. Bloomberg LPgreen
ca2 · 2014 · cited in 1 South Carolina opinions naming this issue, 2023–2023
2 sentences

2023See Martinez v. Bloomberg LP, 740 F.3d 211, 217 (2d Cir. 2014) ("Atlantic Marine, however, did not address the standard of review to which we subject a district court's decision to dismiss a case based on a forum selection clause.").

2023See Martinez v. Bloomberg LP, 740 F.3d 211, 217 (2d Cir. 2014) ("Atlantic Marine, however, did not address the standard of review to which we subject a district court's decision to dismiss a case based on a forum selection clause.").

11
Ramsay v. Texas Trading Co., Inc.green
texapp · 2008 · cited in 1 South Carolina opinions naming this issue, 2021–2021
1 sentence

2021See Ramsay, 254 S.W.3d at 629–30; Mabon Ltd. v. Afri-Carib Enters., Inc., 29 S.W.3d 291 (Tex. App. 2000), abrogated on other grounds by In re AIU Ins.

11
Futch v. McAllister Towing of Georgetown, Inc.green
sc · 1999 · cited in 1 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012See Futch v. McAllister Towing of Georgetown, Inc. , 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (noting an appellate court need not address appellant's remaining issues when its determination of a prior issue is dispositive).

2012See Futch v. McAllister Towing of Georgetown, Inc. , 335 S.C. 598, 613 , 518 S.E.2d 591, 598 (1999) (noting an appellate court need not address appellant's remaining issues when its determination of a prior issue is dispositive).

11
Michiana Easy Livin' Country, Inc. v. Holtengreen
tex · 2005 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006See In re Automated Collection Technologies, Inc., supra. American Aire also cites Michiana Easy Livin’ Country Inc. v. Holten, 127 S.W.3d 89 (2003), reversed 168 S.W.3d 777 (2005), as standing for the proposition under Texas law that a forum selection clause is not, in and of itself, sufficient to confer personal jurisdiction and that there must be sufficient independent minimum contacts.

2006The Supreme Court held Michiana had insufficient minimum contacts to subject it to suit in Texas, and that Holten failed to prove the forum-selection clause was unjust or unreasonable, such that he was bound by it. 168 S.W.3d at 793 .

11
Blair Communications, Inc. v. Ses Survey Equipment Services, Inc.green
texapp · 2002 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006The court held Blair’s contacts with Texas were insufficient to confer jurisdiction; however, the court specifically declined to address the validity of the forum selection clause as it was not asserted by SES as a basis for jurisdiction. 80 S.W.3d at 728, n. 4 .

2006The court held Blair’s contacts with Texas were insufficient to confer jurisdiction; however, the court specifically declined to address the validity of the forum selection clause as it was not asserted by SES as a basis for jurisdiction. 80 S.W.3d at 728, n. 4 .

11
Phoenix Network Technologies (Europe) Ltd. v. Neon Systems, Inc.green
texapp · 2005 · cited in 1 South Carolina opinions naming this issue, 2006–2006
1 sentence

2006Accord Phoenix Network Technologies Ltd. v. Neon Systems, Inc., 177 S.W.3d 605 (Tex.Ct.App.2005) (recognizing that under Texas law, forum selection clauses are prima facie valid and enforceable).

11
Forrest v. Verizon Communications, Inc.green
dc · 2002 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006See Forrest v. Verizon Communications, Inc., 805 A.2d 1007, 1014 (D.C.2002) (stating that non-contract claims are subject to the forum selection clause because the events arise out of the *669 same operative facts).

2006See Forrest v. Verizon Communications, Inc., 805 A.2d 1007, 1014 (D.C.2002) (stating that non-contract claims are subject to the forum selection clause because the events arise out of the *669 same operative facts).

11
Michiana Easy Livin' Country Inc. v. Holtengreen
texapp · 2003 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006See In re Automated Collection Technologies, Inc., supra. American Aire also cites Michiana Easy Livin’ Country Inc. v. Holten, 127 S.W.3d 89 (2003), reversed 168 S.W.3d 777 (2005), as standing for the proposition under Texas law that a forum selection clause is not, in and of itself, sufficient to confer personal jurisdiction and that there must be sufficient independent minimum contacts.

2006See In re Automated Collection Technologies, Inc., supra. American Aire also cites Michiana Easy Livin’ Country Inc. v. Holten, 127 S.W.3d 89 (2003), reversed 168 S.W.3d 777 (2005), as standing for the proposition under Texas law that a forum selection clause is not, in and of itself, sufficient to confer personal jurisdiction and that there must be sufficient independent minimum contacts.

11
Taylor v. Taylorgreen
sc · 1956 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006Taylor v. Taylor, 229 S.C. 92, 97 , 91 S.E.2d 876, 879 (1956). *150 DISCUSSION American Aire asserts the forum selection clause is insufficient to establish personal jurisdiction.

2006Taylor v. Taylor, 229 S.C. 92, 97 , 91 S.E.2d 876, 879 (1956). *150 DISCUSSION American Aire asserts the forum selection clause is insufficient to establish personal jurisdiction.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (12)

CaseCitedYears
McRae v. JD/MD, Inc. green
fla · 1987
2 sentences

2000Vaughn v. AAA Employment, 511 So.2d 1045 (Fla.Dist.Ct.App.1987); McRae, 511 So.2d 540 (Fla.1987); Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So.2d 453 (Fla.Dist.Ct.App.1999).

1998Id. at 94 , 431 S.E.2d at 636 (citing Fla.Stat.Ann. § 48.193 (West 1993) and McRae v. J.D./M.D., Inc., 511 So.2d 540 (Fla.1987)).

31993–2000
Loyd & Ring's Wholesale Nursery, Inc. v. Long & Woodley Landscaping & Garden Center, Inc. green
scctapp · 1993
2 sentences

2006First, it cites Loyd & Ring’s Wholesale Nursery, Inc. v. Woodley Landscaping, 315 S.C. 88 , 431 S.E.2d 632 (1993), for the proposition that a forum selection clause is, by itself, insufficient to confer personal jurisdiction because, under Florida law, there must be an independent basis and other *151 minimum contacts for a Florida court to exercise jurisdiction.

2006First, it cites Loyd & Ring’s Wholesale Nursery, Inc. v. Woodley Landscaping, 315 S.C. 88 , 431 S.E.2d 632 (1993), for the proposition that a forum selection clause is, by itself, insufficient to confer personal jurisdiction because, under Florida law, there must be an independent basis and other *151 minimum contacts for a Florida court to exercise jurisdiction.

21998–2006
Johnson v. Key Equipment Finance green
sc · 2006
2 sentences

2023Fin., 367 S.C. 665 , 668–69, 627 S.E.2d 740 , 741–42 (2006) (holding "the forum selection clause d[id] not prevent Appellants from filing suit in South Carolina because of the allegations that . . .

2023Fin., 367 S.C. 665 , 668–69, 627 S.E.2d 740 , 741–42 (2006) (holding "the forum selection clause d[id] not prevent Appellants from filing suit in South Carolina because of the allegations that . . .

12023–2023
Mabon Ltd. v. Afri-Carib Enterprises, Inc. green
texapp · 2000
1 sentence

2021See Ramsay, 254 S.W.3d at 629–30; Mabon Ltd. v. Afri-Carib Enters., Inc., 29 S.W.3d 291 (Tex. App. 2000), abrogated on other grounds by In re AIU Ins.

12021–2021
Minorplanet Systems USA Ltd. v. American Aire, Inc. green
sc · 2006
2 sentences

2009Id. at 148 , 628 S.E.2d at 44 .

2009Id. at 148 , 628 S.E.2d at 44 .

12009–2009
Security Credit Leasing, Inc. v. Armaly green
scctapp · 2000
2 sentences

2007Credit Leasing, Inc. v. Armaly, 339 S.C. 533 , 529 S.E.2d 283 (Ct.App.2000) is inconsistent with this opinion, it is overruled. [2] Erickson argues that the forum selection clause in the attorney/client agreement provides North Carolina with personal jurisdiction.

2007Credit Leasing, Inc. v. Armaly, 339 S.C. 533 , 529 S.E.2d 283 (Ct.App.2000) is inconsistent with this opinion, it is overruled. [2] Erickson argues that the forum selection clause in the attorney/client agreement provides North Carolina with personal jurisdiction.

12007–2007
In Re Automated Collection Technologies, Inc. green
tex · 2004
1 sentence

2006We find that, under Texas law, enforcement of a forum-selection clause is mandatory unless the party opposing enforcement “clearly show[s] that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching.” In re AIU Insurance Co., 156 S.W.3d at 559 .

12006–2006
Tri-State Building Specialties, Inc. v. NCI Building Systems, L.P. green
texapp · 2005
2 sentences

2006Tri-State Building Specialties, Inc. v. NCI Building Systems, 184 S.W.3d 242 , 2005 WL 2470528 (Tex.App.2005).

2006As the Texas Court of Appeals recently stated, “If a party signs a contract with a forum selection clause, then that party has either consented to personal jurisdiction or waived the requirements for personal jurisdiction in that forum.” Tri-State Building Specialties, Inc. v. NCI Building Systems, L.P., 184 S.W.3d 242 (Tex.App.,1st Dist. 2005).

12006–2006
Williams v. State neutral
fladistctapp · 1997
2 sentences

2000In Dolphin Aviation, Inc. v. High Country Helicopters, Inc., 695 So.2d 811 (Fla.Ct.App.1997), the court held that where a lease contained a forum selection clause stating any litigation arising from the lease would be litigated in Florida, and the lease stated payments were to be made to the Florida lessor in Sarasota, Florida, long-arm jurisdiction would be applied to the lessees, residents of Colorado.

2000The court stated the defendants “should have reasonably anticipated litigation in Florida if a dispute arose under the lease.” Id. at 813 .

12000–2000
Vaughn v. AAA Employment, Inc. green
fladistctapp · 1987
1 sentence

2000Vaughn v. AAA Employment, 511 So.2d 1045 (Fla.Dist.Ct.App.1987); McRae, 511 So.2d 540 (Fla.1987); Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So.2d 453 (Fla.Dist.Ct.App.1999).

12000–2000
Desai Patel Sharma v. Don Bell Industries green
fladistctapp · 1999
2 sentences

2000Armaly urges this court to interpret this quote from McRae to be a repudiation of the principle that payment in Florida coupled with a forum selection clause may form the basis for jurisdiction, as recognized in Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So.2d 453 (Fla.Dist.Ct.App.1999).

2000Vaughn v. AAA Employment, 511 So.2d 1045 (Fla.Dist.Ct.App.1987); McRae, 511 So.2d 540 (Fla.1987); Desai Patel Sharma, Ltd. v. Don Bell Indus., Inc., 729 So.2d 453 (Fla.Dist.Ct.App.1999).

12000–2000
Carnival Cruise Lines, Inc. v. Shute green
scotus · 1991
2 sentences

1998The Court noted the advantages of certain standard contracts — namely lower transaction costs— and rejected the language in M/S Bremen requiring that forum selection clauses be “bargained for.” Carnival Cruise Lines, Inc., 499 U.S. at 593-94 , 111 S.Ct. at 1527 . “[A] clause establishing ex ante the forum for dispute resolution has the salutary effect of dispelling any confusion about where suits arising from the contract must be brought and defended, sparing litigants the time and expense of pretrial motions to determine the correct forum and conserving judicial resources that otherwise would

1998The Court noted the advantages of certain standard contracts — namely lower transaction costs— and rejected the language in M/S Bremen requiring that forum selection clauses be “bargained for.” Carnival Cruise Lines, Inc., 499 U.S. at 593-94 , 111 S.Ct. at 1527 . “[A] clause establishing ex ante the forum for dispute resolution has the salutary effect of dispelling any confusion about where suits arising from the contract must be brought and defended, sparing litigants the time and expense of pretrial motions to determine the correct forum and conserving judicial resources that otherwise would

11998–1998

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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