enforceability of a forum-selection clause (Texas) · Go Syfert
← Texas issues

enforceability of a forum-selection clause in Texas

8 Texas opinions name it 2 courts 2008–2017 0 in the last five years

The cases below were cited by Texas 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
In Re AutoNation, Inc.green
tex · 2007 · cited in 4 Texas opinions naming this issue, 2008–2013
2 sentences

2008The primary reason for its decision was that neither Texas courts nor the Texas Legislature had ever declared a fundamental Texas policy requiring every employment dispute with a Texas resident be litigated in Texas: "We recognized in AIU that even where Texas statutory provisions specify the application of Texas law, these provisions are irrelevant to the enforceability of a forum-selection clause where no statute 'requires suit to be brought or maintained in Texas.'" Id. at 669 .

2008The primary reason for its decision was that neither Texas courts nor the Texas Legislature had ever declared a fundamental Texas policy requiring every employment dispute with a Texas resident be litigated in Texas: “We recognized in AIU that even where Texas statutory provisions specify the application of Texas law, these provisions are irrelevant to the enforceability of a forum-selection clause where no statute ‘requires suit to be brought or maintained in Texas.’ ” Id. at 669 .

24
In Re International Profit Associates, Inc.green
tex · 2009 · cited in 2 Texas opinions naming this issue, 2009–2009
2 sentences

2009In re Int’l Profit Assocs., Inc., 274 S.W.3d 672, 675 (Tex.2009) (citing In re Lyon, 257 S.W.3d at 231-32 ).

2009In re Int'l Profit Assocs., Inc. , 274 S.W.3d 672, 675 (Tex. 2009) (citing In re Lyon , 257 S.W.3d at 231-32). . . .

22
GP Plastics Corp. v. Interboro Packaging Corp.green
ca5 · 2004 · cited in 1 Texas opinions naming this issue, 2015–2015
1 sentence

2015No claim to original U.S. Government Works. 7 Giant Eagle's Motion to Strike Page 21 R482 Wellogix, Inc. v. SAP America, Inc., 58 F.Supp.3d 766 (2014) waiver inquiry: that a party cannot waive its forum-selection clause right[ ] unless that party possessed an actual intent When addressing waiver of a forum-selection clause, 39 however, the Fifth Circuit applied Texas law and concluded to relinquish that right.” Although there is some support *774 for this proposition, the correct source of the governing that waiver requires an intent to relinquish a known rule remains unclear. right. 40 See GP

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Prosperous Maritime Corp. v. Farwah green
texapp · 2006
1 sentence

2017Dresser-Rand cites only one case that concluded that the enforceability of a forum-selection clause was not reviewable on interlocutory appeal, Prosperous Maritime Corp. v. Farwah, 189 S.W.3d 389 (Tex. App.—Beaumont 2006, no pet.).

12017–2017
Wellogix, Inc. v. SAP America, Inc. green
txsd · 2014
1 sentence

2015No claim to original U.S. Government Works. 7 Giant Eagle's Motion to Strike Page 21 R482 Wellogix, Inc. v. SAP America, Inc., 58 F.Supp.3d 766 (2014) waiver inquiry: that a party cannot waive its forum-selection clause right[ ] unless that party possessed an actual intent When addressing waiver of a forum-selection clause, 39 however, the Fifth Circuit applied Texas law and concluded to relinquish that right.” Although there is some support *774 for this proposition, the correct source of the governing that waiver requires an intent to relinquish a known rule remains unclear. right. 40 See GP

12015–2015
In Re Lyon Financial Services, Inc. green
tex · 2008
1 sentence

2009In re Int’l Profit Assocs., Inc., 274 S.W.3d 672, 675 (Tex.2009) (citing In re Lyon, 257 S.W.3d at 231-32 ).

12009–2009

Where else courts name it

TX 8 (2008–2017) MI 3 (2007–2019) OH 2 (2011–2014) WV 2 (2009–2023) MO 2 (2013–2019) MD 2 (2018–2018) KS 2 (1992–1994)

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.

← Caselaw search · G Cite Topics · Brief Check