WDNY — Forum Selection Clause: Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al.

U.S. District Court, WDNY

Forum Selection Clause

Mandatory — Removal to State Court

Frankford Crossing Shopping Center Dallas TX v. Pho Partners LLC, et al.
12-cv-6424L
Judge Larimer

Background: The parties consented to hearing a landlord-tenant dispute concerning a shopping mall in Dallas, Texas, in the Western District of New York. Two defendants moved to dismiss the complaint for lack of personal jurisdiction and, in the alternative, change the venue to Dallas.

Ruling: The District Court rendered the defendants’ motion to change venue as moot because a court in Texas had already dismissed the claim. The District Court denied the motion to dismiss as the parties had agreed via a forum selection clause to litigate disputes over the lease agreement in New York. The District Court further found that the forum selection clause mandated that the dispute be settled in state court.

Allison A. Bosworth and Dale A. Worrall of Harris Beach for the plaintiff; A. Paul Britton of Harter, Secrest and Emery for the defendants