If you didn’t sign a forum selection clause, you might still face challenges in court. Forum selection clauses can require non-signatories to litigate in specific courts if their claims are closely related to those of signatories. This guide from Bernhard Law Firm provides insights into how these clauses are enforced in Florida.

Enforcing Forum Selection Clauses Against Non-Signatories in Florida

In Florida, forum selection clauses are generally enforceable against non-signatories if the claims are intertwined with those of signatories. The applicable Florida law stipulates that such clauses may apply if:

• Claims are intertwined or related to a mutual commercial relationship.
• There is a sufficient nexus between the claims and the contract.

If you have questions about Florida’s forum selection clauses, including their enforcement against non-signatories, mandatory versus permissive clauses, and waiver or estoppel issues, contact Bernhard Law Firm at www.bernhardlawfirm.com or call 786-871-3349. Email us at abernhard@bernhardlawfirm.com.

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Key Aspects of Forum Selection Clauses in Florida

1. Validity and Enforcement

• Forum selection clauses are presumed valid and enforceable under Florida law, as confirmed in cases like Espresso Disposition Corp. 1 v. Santana Sales & Marketing Group, Inc. and Hellfest Productions v. Immortal Warrior Productions, Inc.
• To challenge enforcement, a party must show it would be unjust or unreasonable to enforce the clause, as established in Garcia Granados Quinones v. Swiss Bank Corp. (Overseas), S.A.

2. Mandatory vs. Permissive Clauses

• Mandatory Clauses: Require dismissal of actions in favor of litigation in a specified forum. For example, in Gold Grown Resort Marketing Inc. v. Phillpotts and Celistics, LLC v. Gonzalez, Florida courts enforced mandatory clauses.
• Permissive Clauses: Allow but do not require the litigation in a specified forum.

3. Broad Scope Language

Clauses using terms like “arising from or relating to” cover a wide range of issues and disputes, including tort claims. The Florida Supreme Court in Jackson v. Shakespeare Foundation, Inc. and Seifert v. U.S. Home Corp. has interpreted such language broadly.

4. Intertwined Claims

Non-signatories may be bound by forum selection clauses if their claims are intertwined with those of signatories, as seen in Satelites Mexicanos v. Turn Key and Jackson v. Shakespeare Foundation, Inc.

5. Estoppel and Waiver

• Parties may be estopped from avoiding forum selection clauses if they have jointly pled claims or defenses. The doctrine of invited error may also prevent a party from challenging forum rulings they have invited.
• Forum selection clauses can be waived by litigating in a different forum, as illustrated in cases like Three Seas v. FFE Transportation Services and Solomon Law Group v. Dovenmuehle Mortgage.

6. Forum Non Conveniens and Priority Doctrines

Florida courts can dismiss cases on forum non conveniens grounds if a more suitable forum exists. The legal doctrine of priority requires dismissing cases where another court has already exercised jurisdiction.

Case Examples

Florida courts have consistently enforced forum selection clauses against non-signatories in various contexts:

• Deloitte & Touche v. Gencor Indus., Inc.: Enforced against non-signatories with claims arising from a commercial relationship.
• Venus Concept USA, Inc. v. Angelic Body, LLC: Applied to claims related to the agreement even if the party was not a signatory.
• Tuttle’s Design-Build, Inc. v. Fla. Fancy, Inc.: Enforced a reasonable forum selection clause against a non-signatory.

CONCLUSION

If you didn’t sign a forum selection clause, you might still face challenges in court. Forum selection clauses can require non-signatories to litigate in specific courts if their claims are closely related to those of signatories. For personalized legal advice on forum selection clauses and their enforcement, reach out to Bernhard Law Firm. Visit www.bernhardlawfirm.com, call 786-871-3349, or email abernhard@bernhardlawfirm.com.