2215 Fifth Street Associates, LP v. U-Haul International, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that “present day commercial realities and expanding international trade” underlie the presumptive validity of forum selection clauses
• observing that, even if par ties are of “unequal bargaining power,” coercion will not be found where “the choice of forum was made in an arm’s length negotiation by experienced businessmen”
• finding venue to be proper because, among other reasons, the property that was the subject of fraud was located in the district in which the suit was brought
• finding forum selection clause enforceable despite “the relative disparity in the bargaining positions of the parties throughout the negotiation process” because “the presumption in favor of enforcing a forum selection clause applies even if the clause was not the product of negotiation’ ”
• “Plaintiff evidently agreed that any inconveniences were manageable when it agreed to [the] inclusion [of a forum selection clause] in the Option Agreement.”
• “when parties have agreed to a forum selection clause, the traditional analysis is altered and ... the clause should control absent a strong showing that it should be set aside”

Source: CourtListener parenthetical corpus (CC0).