Are forum selection clauses enforceable in Florida?

The trial court held that a mandatory forum selection clause is “presumptively valid and enforceable” absent a “strong showing that enforcement would be unfair or unreasonable under the circumstances.” Krenkel v.

Can forum selection clause be waived?

It is well established that forum selection clauses are prima facie valid and enforceable unless shown by the resisting party to be unreasonable. However, a forum selection clause may be waived. A party waives a forum selection clause defense by failing to raise it in an answer or a pre-answer motion to dismiss.

Which is the best example of a forum selection clause?

Zapata Off-Shore Co., 407 U.S. 1 (1972), which states that a forum-selection clause is presumptively valid and, through its language, invalidates any forum other than the forum identified in the contract. Separately, and in the alternative, Atlantic requested that the court transfer the litigation to Virginia on the basis of 28 U.S.C. § 1404 (a).

Can a forum selection clause be used in the Third Circuit?

More specifically, in the Third, Fifth, or Sixth Circuit, existing case law suggests that, despite a valid, mutually agreed-upon forum-selection clause dictating venue elsewhere, litigation filed in those circuits may very well remain in those circuits’ courts.

Why are venue selection clauses important in Florida?

While the importance of well-drafted forum-selection clauses has been the subject of much discussion, 1 their potential to foreclose proper venue in federal court remains relatively unexplored. 2 A split of authority in the 11th Circuit confirms this danger for Florida practitioners.

Can a boilerplate venue selection clause be included in a contract?

Including a “boilerplate” forum-selection clause in your client’s contract could preclude resulting litigation from proceeding in a federal district court. Forum-selection clauses mandating venue in a particular county are commonplace, particularly in real estate and construction contracts.