Shelter Mutual Insurance Company v. Rimkus Consulting Group, Inc. of Louisiana

liFor numerous reasons, I dissent from the majority opinion which upholds the forum selection clause in this case. In my view, forum selection clauses are prohibited by statute and contravene a strong public policy of Louisiana. Further, they are contrary to Louisiana’s comprehensive venue scheme and our law on forum non conveniens. Therefore, they are unenforceable under Louisiana law.

First, forum selection clauses violate Louisiana Code of Civil Procedure Article 44(A), which states: “[a]n objection to the venue may not be waived prior to the institution of the action.” A forum selection…