904 F. Supp. 2d 22
D.D.C.2012Background
- Hara contracted with Hardcore Choppers to redesign and remanufacture her motorcycle, leading to a crash from alleged front-end instability.
- The Final Work Order, dated July 14, 2010, included a waiver of liability and a forum selection clause requiring Virginia courts; Hara signed it and paid a deposit.
- Hardcore argues the Final Work Order is the operative contract and that the waiver and venue provisions control, superseding earlier invoices.
- Hara contends Invoice 1397 lacks the waiver and forum clause and disputes the contract formation and the venue clause.
- The Court must decide whether to enforce the Virginia forum clause and transfer the case to the Eastern District of Virginia.
- The court ultimately transfers the case to Virginia, enforcing the forum clause and leaving jurisdictional questions to the transferee court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Final Work Order is the operative contract. | Hara argues Invoice 1397 governs, lacking waiver/venue terms. | Hardcore contends Final Work Order supersedes earlier invoices and contains the waiver and venue terms. | Final Work Order is operative; it contains waiver and venue terms. |
| Whether the forum selection clause is enforceable. | Hara asserts Virginia/waiver issues render clause unenforceable. | Hardcore asserts Bremen principles favor enforcing clear forum clause. | Forum clause is enforceable absent Bremen exceptions. |
| Whether the case should be transferred due to the forum selection clause. | Hara argues transfer is inappropriate. | Hardcore argues transfer to Eastern District of Virginia is proper, given the clause. | Case transferred to the Eastern District of Virginia. |
Key Cases Cited
- M/S Bremen v. Zapata Off–Shore Co., 407 U.S. 1 (1972) (forum-selection clauses are prima facie valid and should be honored)
- Cheney v. IPD Analytics, LLC, 583 F. Supp. 2d 108 (D.D.C. 2008) (strong Bremen exceptions must be shown; court may sua sponte consider them)
- Gipson v. Wells Fargo & Co., 563 F. Supp. 2d 149 (D.D.C. 2008) (presumption in favor of forum selection clauses; strong showing required to defeat)
- 2215 Fifth St. Assocs. v. U–Haul Int’l, Inc., 148 F. Supp. 2d 50 (D.D.C. 2001) (presumption in favor of enforcing forum clauses even in preprinted forms)
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (1991) (forum-clause enforcement has strong public policy support)