Contract – Forum Selection Clause – Enforceability

Teresa Bruno, Opinions Editor//March 3, 2017//

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Dearbury Oil & Gas, Inc. v. Lykins Companies (Lawyers Weekly No. 002-071-17, 6 pp.) (Mary Geiger Lewis, J.) 7:16-cv-00923; D.S.C.

Holding: The court agrees with plaintiff that defendants may not enforce the forum selection clauses in the parties’ contracts without establishing that the contracts themselves are enforceable. The complaint sets forth factual allegations which, if true, establish offer, acceptance and valuable consideration; therefore, for purposes of deciding this motion, the court holds that the contracts are valid and enforceable. With that holding, it necessarily follows that the forum selection clauses in the contracts are also valid and enforceable.

The court grants defendants’ motion to transfer venue to the U.S. District Court of Ohio, Columbus Division.