Legal Opinion

In Re Adm Investor Services, Inc.

Texas Supreme Court

Decided February 19, 2010No. 08-0570PublishedCited by 80 opinions

1Opinion of the CourtJustice Green

In this case, we consider whether the trial court abused its discretion by denying a motion to dismiss premised on a forum-selection clause. We conclude that it did. The real party in interest did not overcome the presumption against the relator’s waiving its right to enforce the forum-selection clause, or satisfy her burden to demonstrate that enforcing the clause would be unreasonable and unjust. Accordingly, we conditionally grant the relator’s petition *373for writ of mandamus and order the trial court to dismiss the case as to the relator.

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2Cases cited12 opinions

  1. In Re Prudential Insurance Co. of AmericaTexas Supreme Court · 2004
  2. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  3. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
  4. Michiana Easy Livin' Country, Inc. v. HoltenTexas Supreme Court · 2005
  5. Perry Homes v. CullTexas Supreme Court · 2008

7 more not listed; retrieve them via the Exa API.

3Cited by80 opinions

  1. G.T. Leach Builders, LLC v. Sapphire V.P., LpTexas Supreme Court · 2015
  2. in Re Nationwide Insurance Company of AmericaTexas Supreme Court · 2016
  3. In Re Laibe Corp.Texas Supreme Court · 2010
  4. In Re Universal Underwriters of Texas Insurance Co.Texas Supreme Court · 2011
  5. In Re Lisa Laser USA, Inc.Texas Supreme Court · 2010

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