Q: What's the chances the court case they're attempting to bring in the state of arizona will be thrown out
What's the chances the court case they're attempting to bring in the state of arizona will be thrown out because the contract states the lawsuit needs to happen in michigan.
This is for the sale of an online business, we used a business broker this is a clause from their contract.
Someone is attempting to sue in Arizona (the state theyre a resident of), Im resident of Florida, the contract has the below clause that suit must happen in Michigan. Whats the chance the court case will be thrown out
The clause from contract states: "You agree that any and all claims arising out of or related to this Agreement, including its validity, interpretation, breach, violation, or termination, shall be brought in the exclusive forum of the state or federal courts located in Kalamazoo County, Michigan and pursuant to Michigan law. The Parties expressly consent to personal and subject matter jurisdiction in this form."
A: A choice of jurisdiction clause in a contract can be enforceable, so there is a good chance that the lawsuit may need to be transferred to the agreed upon jurisdiction. However, this will not happen automatically. Your attorney will need to raise the issue properly so your Judge can decide it. If not raised in a timely fashion, this issue could be waived.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.