Carmeuse Lime & Stone and Carmeuse Lime, Inc. v. Illini State Trucking, Inc., 986 N.E.2d 271

Carmeuse Lime & Stone and Carmeuse Lime, Inc. (Carmeuse) sues Illini State Trucking for indemnification related to Ruiz’s 2007 injury at Carmeuse’s facility.
Ruiz, employee of Nick’s Transport (Illini’s subcontractor), sued Carmeuse in Indiana state court for premises liability in 2009; Carmeuse removed to federal court for diversity.
In 2010 Carmeuse sought removal; in 2010 Carmeuse filed third-party complaint against Illini seeking indemnity under contract Paragraphs 12.1 and 12.2.
Federal court dismissed Carmeuse’s third-party complaint for lack of causation facts; Illini’s counterclaim against Carmeuse remained pending.
In 2012 Carmeuse filed a state court complaint against Illini seeking indemnification; Illini moved to dismiss under Rule 12(B)(6).
Carmeuse attached the contract to its motion for leave to amend; Illini later raised a forum selection clause requiring Allegheny County, Pennsylvania, as venue.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether forum selection clause governs venue	Carmeuse argues Indiana venue is proper; Illini waived clause by prior actions	Illini argues contract forum clause designates Allegheny County, PA for related actions	Enforceable venue clause; dismissal affirmed

Dexter Axle Co. v. Baan USA, Inc., 833 N.E.2d 43 (Ind. Ct. App. 2005) (forum clause enforceable if reasonable and freely negotiated)
Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (U.S. 1991) (forum clauses receive heavy burden of proof against unfairness)
Horner v. Tilton, 650 N.E.2d 759 (Ind. Ct. App. 1995) (remote forum considerations; travel burden)
Farm Bureau Gen. Ins. Co. of Mich. v. Sloman, 871 N.E.2d 324 (Ind. Ct. App. 2007) (forum clause unjust when leads to multiple lawsuits and burden on judicial system)
M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (U.S. 1972) (setup of forum selection principles (remote forums, etc.))
Grott v. Jim Barna Log Sys.-Midwest, Inc., 794 N.E.2d 1098 (Ind. Ct. App. 2003) (forum selection clause unjustness standard; weigh public policy)