Posted On: December 7, 2010 by YCST

Judge Robinson: Transfer Granted Because of Forum Selection Clause

In QVC, Inc. v. Your Vitamins, Inc., C.A. No. 10-094-SLR (D. Del. Nov. 29, 2010), Judge Robinson granted a motion to transfer in a false advertising case after it was revealed that the parties were bound by an agreement with a forum selection clause and a choice of law provision. Judge Robinson recognized that "Forum selection clauses are presumptively valid and are entitled to great weight," id. at 4-5, and that the other related factors on the whole favored transfer. The case was transferred to the Eastern District of PA.

The presence of an "unambiguous" forum selection clause distinguishes this case from other recent rulings on motions to transfer, which have generally turned on the degree of connection to the forum.

QVC, Inc. v. Your Vitamins, Inc., C.A. No. 10-094-SLR (D. Del. Nov. 29, 2010)