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Ron Fox Successfully Enforces Venue Selection Agreement

Some employers have their new hires sign an agreement saying that if a suit is filed by either party, it can only be filed in certain specified courts.  Recently, a maritime employee filed suit in the City of St. Louis against Fox Galvin’s client where such a venue agreement existed.  Plaintiff’s suit in the City of St. Louis violated the agreement as it was not an agreed to venue.  A motion to dismiss was prepared, filed, and argued.  The plaintiff’s attorney vehemently opposed the motion to dismiss, arguing that it was an unjust and unfair agreement which, though signed by the plaintiff, he never read.  The court agreed with our position and granted the motion to dismiss finding that the venue agreement was proper and that none of the claims made by plaintiff were supported.  The court went so far as to tell the plaintiff’s attorney that if suit was re-filed, it had to be filed in one of the two permissible venues identified in the agreement.  In many cases, venue agreements can be very helpful to our clients as an effective risk management tool.  If you believe a venue agreement might be an effective risk management tool for you or you have questions, please call Ron Fox at 314-588-7001 or email him at rfox@foxgalvin.com.