Aug 9, 2011

Personal jurisdiction and forum selection clauses

Does the license agreement which
Contains a clause choosing the Forum to resolve all disputes arising
Average selected be sent license jurisdiction
The Forum? At least one person in California opinion meets this question
Negative.? In General,
Inc. v. Sup. SI. T. (Epicor Software Corporation), the Court said that the Forum
A select statement does not mean personal jurisdiction latraiin party
This forum.? In General,
Global packaging company of Pennsylvania, some software licensing
Epicor Software, Delaware corporation with principal place of business
Orange County.? Epicor ELU (end of license
User Agreement and all performances) litigation involving the license
The agreement shall be in Orange County, California or in jurisdictions in which
Is the software.? Like lucky
It has a dispute between the parties, on payment, Epicor
Litigation in Orange County.? Global
Packaging of personal jurisdiction challenge Court over it.? The trial court determined
Forum-selection clause was the same as consent to jurisdiction.? The Court of appellate has not agreed.????? It took a person in pain, who did not receive
You are here, to distinguish between the jurisdiction and venue (or Forum).? As stated by the Court, in general terms
There are four ways in which the Court could obtain jurisdiction over the person (or
Entity): 1) sleeping or presence of the person
Forum State; 2 the person's activities are conducted) a forum in such a
Ports that jurisdictional practice communication with traditional notions of fair play
Substantial justice; " 3) the person participates in a claim of the Forum;
Or 4) the person latraiin jurisdiction in the Forum.? ???? Question before the Court was general packaging
Agreement to bring an action in a particular forum the same
By jurisdiction in this forum.
The answer is no because two separate concepts.? Essentially, the Court stated that to select
Forum, party somehow be subject to the personal jurisdiction of the Forum
(See four ways to obtain jurisdiction above).? In General, can the Court
Does not assert General personal jurisdiction over packing by each of the listed
Meaning.? ???? What does this mean you can rely on the Forum
Select clauses to assert jurisdiction over a persistent license? This means that
You must update your license agreement to include an explicit
Personal jurisdiction in the Forum that you want to select.? In abundance of caution, I recommend
Having the initial party by consent to the jurisdiction of the Forum.? If you are the party hailed into far
Not in the Court, determine whether there is any way for the Court to assert personal
Jurisdictions, including reviewing contracts signed and
Determine if there is an instruction that you consent to personal jurisdiction
The Court far away.

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