Asked in Civil Litigation for Arizona

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.

BackGround Information:

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."

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

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.

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