Cowin Equip. Co. v. Terex USA, LLC (Ex parte Terex USA, LLC)
Supreme Court of Alabama
1Opinion of the Court
BOLIN, Justice.
Terex USA, LLC ("Terex"), petitions this Court for a writ of mandamus directing the Jefferson Circuit Court to enforce an outbound forum-selection clause contained in a distributorship agreement between Terex and Cowin Equipment Company, Inc. ("Cowin"), and to dismiss Cowin's action against Terex based on improper venue pursuant to Rule 12(b)(3), Ala. R. Civ. P. We deny the petition.
*815Facts and Procedural History
Before August 2015, Cowin, a heavy-equipment dealer, had served as an authorized dealer of heavy equipment manufactured by the Liebherr Group for approximately 30 years.…
Also in this document: Dissent.
2Cases cited25 opinions
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- IMED Corp. v. Systems Engineering Assoc.Supreme Court of Alabama · 1992
- Ex Parte Integon Corp.Supreme Court of Alabama · 1995
- Blue Cross and Blue Shield v. NielsenSupreme Court of Alabama · 1998
- Modern Computer Systems, Inc. v. Modern Banking Systems, Inc. Modern Banking Systems of Southern WisconsinCourt of Appeals for the Eighth Circuit · 1989
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