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Civil Procedure Fall 2014

Note on Venue-Selection Clauses

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Courts’ historical opposition to forum-selection clauses, discussed in the prior section, used to extend to venue-selection clauses as well.  However, with the decision in Bremen, courts have moved away from this traditional skepticism to these agreements.  Nevertheless, at least one state still refuses to honor venue-selection clauses (although they appear receptive to forum selection clauses).  See Patricia A. Peterson, In re AIU Insruance Company, 41 Tex. J. Bus. L. 101, 104–05 (2005).