Texas seller loses battle-of-forms on forum selection

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted August 5, 2020 11:14 AM

There was no Illinois precedent governing a battle of the forms fight under the Uniform Commercial Code between Northwest 1 Trucking and Alejandro Haro (d/b/a JCS Equipment) about a forum selection clause that Haro inserted in the invoice documenting an oral agreement to sell a bulldozer that Northwest says is a 50-ton lemon.When Northwest sued Haro in Chicago, he asked U.S. District Judge Steven C. Seeger to apply a forum selection clause that limited any litigation about the bulldozer to Harris County, Texas. But Seeger …

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