Legal Opinion

Dexter Axle Co. v. Baan USA, Inc.

Indiana Court of Appeals

Decided August 22, 2005No. 20A03-0502-CV-87PublishedCited by 24 opinions

1Opinion of the Court

OPINION

BAKER, Judge.

Plaintiff-appellant Dexter Axle Company (Dexter) appeals from the trial court's order granting defendant-appellee Baan USA., Inc.'s (Baan) 1 motion to dismiss for lack of jurisdiction. In particular, Dexter contends that the trial court erred in concluding that a forum selection clause contained in the Consulting Services Agreement between the parties was binding as to the Software Agreement and required Dexter's claims to be litigated in California. Dexter further argues that the trial court erred in granting Baan's motion to dismiss before Dexter had the opportunity to…

Also in this document: Concurrence.

2Cases cited5 opinions

  1. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
  2. American Patriot Insurance Agency, Inc. v. Mutual Risk Management, Ltd.Court of Appeals for the Seventh Circuit · 2004
  3. Cal-State Business Products & Services, Inc. v. RicohCalifornia Court of Appeal · 1993
  4. Alexander v. Superior CourtCalifornia Court of Appeal · 2003
  5. Grott v. Jim Barna Log Systems-Midwest, Inc.Indiana Court of Appeals · 2003

3Cited by24 opinions

  1. Caperton v. AT Massey Coal Co., Inc.West Virginia Supreme Court · 2009
  2. Caperton v. AT Massey Coal Co., Inc.West Virginia Supreme Court · 2008
  3. Farm Bureau General Insurance Co. of Michigan v. SlomanIndiana Court of Appeals · 2007
  4. Tuxedo International Inc. v. RosenbergNevada Supreme Court · 2011
  5. Daniel O'Bryant, d/b/a O'Bryant Transport, LLC v. Alan P. Adams, Luan Adams, d/b/a A.L.A. Trucking, Inc.Indiana Supreme Court · 2019

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