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

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

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


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Michael Kelley | Attorney Advertising

Written by:

more+
less-

Michael Kelley on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×