Moving Company's Forum Selection Clause in Contract Not Enforced by U.S. District Court for D.C.
In Byrd v. Admiral Moving and Storage, the U.S. District Court for the District of Columbia denied the Florida-based moving company's motion to dismiss based on a statute of limitations defense and a forum selection clause in the moving contract which specified that in the event of any dispute, "the parties specifically agree that venue shall lie in Broward County, Florida." Among other things, the Court stated that it is arguable that the forum selection clause was not exclusive, but permissive. The Court also took into consideration the plaintiff's pro se status and the hardship to her if the venue was transferred to Florida.
According to plaintiff's allegations, a breach of contract by the defendant resulted in her belongings, which were supposed to be held in storage, being sold at auction by the storage company.
