Everybody loves a penguin, or at least I think that is so. But Penguin Toilets, the Defendant in Roth v. Penguin Toilets, LLC, 2011 NCBC 45, can’t be loving the result it got on its Motion to Dismiss, which was denied in the Business Court by Judge Murphy on Wednesday.
The Motion to Dismiss was based on Penguin’s argument that litigation against it had to be brought in Michigan and that North Carolina was therefore an improper venue. This was premised on a forum selection clause in the LLC’s
Continue Reading A Forum Selection Clause Must Be “Mandatory” To Be Enforceable
The Fourth Circuit today affirmed the dismissal of a personal injury action based on a forum selection provision requiring that any claims would be resolved in the courts of Amsterdam. The case is 
The North Carolina Business Court ruled today on an issue of first impression — when a North Carolina Court should apply the law of a foreign country — and concluded that it would apply North Carolina law to a forum selection clause requiring the parties to litigate their dispute in the Commercial Court of Paris, under French law.