Kelley v. Nawas International Travel Service

(My litigation) The Ala. Sup. Ct.'s Determination to Enforce Forum Selection Clauses Against Ala. Residents Injured Abroad and Applicability of Alabama's Door Closing Statute


Traveler abroad who contracted with a travel agent based in Connecticut who was seriously injured on trip is thrown out of court in Alabama based on forum selection clause in travel agent's brochure, despite argument that it would be "seriously inconvenient" to have to pursue cause of action against negligent service provider in Israel and travel agent in Connecticut on claims that arise from the same transaction or occurrence. Court rules that travel agent may enforce forum selection clause notwithstanding failure to register to do business in Alabama pursuant to Alabama's Door Closing Statute because interstate nature of travel agent's business afforded it the protection of the Commerce Clause of the U.S. Constitution.

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Published In: Civil Procedure Updates, Constitutional Law Updates, Consumer Protection Updates, International Trade Updates, Personal Injury Updates

Reference Info:Decision | State, 11th Circuit, Alabama | United States