Supreme Court of Texas
In re ADM Investor Serv., Inc., 08-0570
Defendant's petition for writ of mandamus, involving alleged fraud and various other legal theories arising from trading commodities on behalf of plaintiff is conditionally granted as the trial court abused its discretion in denying defendant's motion to dismiss where: 1) plaintiff did not overcome the presumption that ADM's waiving its right to enforce the forum-selection clause by showing that ADM substantially invoked the judicial process; and 2) plaintiff failed to satisfy her burden to demonstrate that enforcement of the forum selection clause would be unjust and unreasonable.
Appellate Information
- Decided 02/22/2010
- Published 02/22/2010
Judges
- Justice GREEN delivered the opinion of the Court.
Court
- Supreme Court of Texas
Counsel
- For Appellant:
- J. Brad McCampbell, for ADM Investor Services, Inc., Michael Jason Forni, Thomas L. Kapioltas, for Prescott, Jetta., John W. Alexander, for Texas Trading Company Incorporated.