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.
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