Omne Financial, Inc v. Shacks, Inc

I respectfully dissent. The trial court’s order denying defendants’ motion to change venue from Oakland County to Saginaw County on the basis of the parties’ agreement was proper. Neither the venue statutes nor the court rules prohibit courts from giving effect to the intent of the parties as expressed in the contract with regard to the choice of a particular venue. The preferable approach would be to enforce the forum selection clause in the contract unless a party could show that such enforcement would be unreasonable or that the provision was the product of fraud or overreaching. Such an…