choice clause in Alabama

2016The United States Court of Appeals for the Eleventh Circuit in Lipcon v. Underwriters at Lloyd’s, London, 148 F.3d 1285 , 1296 (11th Cir. 1998), applied the Scherk holding, stating, ‘By requiring the plaintiff specifically to allege that the choice clause itself was included in the contract due to fraud in order to succeed in a claim that the choice is unenforceable, courts may ensure that more general claims of fraud will be litigated in the chosen forum, in accordance with the contractual expectations of the parties.’ “Thus, the proper inquiry is whether ‘the forum-selection clause is the re

2003The United States Court of Appeals for the Eleventh Circuit in Lipcon v. Underwriters at Lloyd’s, London, 148 F.3d 1285 , 1296 (11th Cir.1998), applied the Scherk holding, stating, “By requiring the plaintiff specifically to allege that the choice clause itself was included in the contract due to fraud in order to succeed in a claim that the choice is unenforceable, courts may ensure that more general claims of fraud will be litigated in the chosen forum, in accordance with the contractual expectations of the parties.” Thus, the proper inquiry is whether the forum-selection clause is the resul

2017In sum, the court concluded that, “[f]unctionally, membership in the OSSAA is not a choice but a requirement.” Id.

1990We do not find defense counsel's remarks to "underscore the horror of the crime," as did the argument in King v. Strickland , supra, 714 F.2d at 1491 , but rather to respond to the prosecutor's exhortations to the jury not to show mercy to the defendant.