Mitchell & Currie Successfully Enforce Forum Selection Clause

Posted on: August 26th, 2019

On August 5, 2019, Clark Mitchell and Michael Currie obtained a dismissal for their client.  Plaintiff contracted with Defendant for the purchase and installation of three hoop buildings.  Plaintiff entered into a warranty agreement with Defendant at this time.  The warranty agreement provided that Defendant would repair or replace any product covered under the warranty, if such product was found to be defective in material.  Alternatively, Defendant agreed to refund the purchase price of any defective product.  Several years after purchase and installation the Plaintiff alleged the hoop buildings were defective.  Plaintiff filed a lawsuit against Defendant on March 6, 2019, in the Iowa District Court in and for Cass County.  Clark Mitchell and Michael Currie filed a motion to dismiss Plaintiff’s lawsuit, seeking enforcement of the warranty agreement’s forum selection clause.  The clause required that any lawsuit brought against the Defendant would be brought in Sioux Falls, South Dakota.  Plaintiff resisted and argued that it would be prejudicially inconvenient for Plaintiff to bring suit in South Dakota.  Ultimately, the court agreed with Mitchell and Currie and Ordered dismissal of Plaintiff’s suit on August 5, 2019.

Mitch Kleen v. Sioux Steel Co., Iowa District Court in and for Cass County, Case No. LACV025681

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