DocketNumber: No. 557488
Citation Numbers: 2001 Conn. Super. Ct. 17153, 31 Conn. L. Rptr. 131
Judges: HURLEY, JUDGE TRIAL REFEREE.
Filed Date: 12/14/2001
Status: Non-Precedential
Modified Date: 4/17/2021
On February 28, 2001, the defendant filed a motion to dismiss the complaint on the ground that the contract between the parties requires the plaintiff to bring suit in the state of New Jersey. The defendant's CT Page 17154 motion is accompanied by a memorandum of law, a copy of the parties' contract, and the affidavit of Christopher Harwood, a vice-president of the defendant corporation. The plaintiff filed an objection to the motion to dismiss and a memorandum of law on March 12, 2001. On June 14, 2001, in further support of its objection, the plaintiff filed copies of the defendant's answers to requests for admission.
"[W]hen a motion to dismiss does not seek to introduce facts outside of the record it is equivalent to our former motion to erase and admits all well pleaded facts, the complaint being construed most favorably to the plaintiff. . . . A motion to dismiss may raise issues of fact and would, therefore, require hearing to determine the facts. . . . Where, however, no genuine issue as to a material fact exists a hearing is not required because the motion merely presents a question of law as applied to the facts well pleaded." (Citations omitted; internal quotation marks omitted.) Sagamore Group, Inc. v. Commissioner of Transportation,
In the present case, the defendant has submitted an affidavit and a copy of the relevant contract in support of its motion to dismiss. The plaintiff does not dispute the existence of the contract's forum selection CT Page 17155 clause but argues that, as a matter of law, the clause should not lead to the dismissal of this action. The present motion therefore presents no genuine issues of material fact, but instead presents a question of law as applied to the undisputed facts.
The leading case regarding the enforceability of forum selection clauses is The Bremen v. Zapata Off-Shore Co.,
The Supreme Court in Bremen rejected that traditional view of forum selection clauses, and adopted the view "that such clauses are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be `unreasonable' under the circumstances." Id., 10. The court elaborated that "[n]o one seriously contends in this case that the forum-selection clause `ousted' the District Court of jurisdiction over Zapata's action. The threshold question is whether that court should have exercised its jurisdiction to do more than give effect to the legitimate expectations of the parties, manifested in their freely negotiated agreement, by specifically enforcing the forum clause." Id., 12. The Supreme Court found it "reasonably clear that the District Court . . . placed the burden on [the moving party] to show that London would be a more convenient forum than Tampa, although the contract expressly resolved that issue. The correct approach would have been to enforce the forum clause specifically unless [the plaintiff] could clearly show that enforcement would be unreasonable and unjust, or that the clause was invalid for such reasons as fraud or overreaching." Id., 15.
The Supreme Court also recognized some additional exceptions to the general rule that forum selection clauses should be enforced. Enforcement CT Page 17156 of such a provision is inappropriate where it "would contravene a strong public policy of the forum in which suit is brought, whether declared by statute or by judicial decision." Id. Furthermore, while rejecting the District Court's use of the normal forum non conveniens analysis, the Supreme Court stated that a forum selection clause should not be enforced if "the party seeking to escape his contract [shows] that trial in the contractual forum will be so gravely difficult and inconvenient that he will for all practical purposes be deprived of his day in court. Absent that, there is no basis for concluding that it would be unfair, unjust, or unreasonable to hold that party to his bargain." Id., 18.
Although Connecticut's appellate courts have not addressed the precise issue presented here, they have indicated their approval of the Bremen
analysis. In United States Trust Co. v. Bohart,
In the present case, the plaintiff agrees that Bremen sets forth the proper framework for resolving the defendant's motion to dismiss. The plaintiff argues, however, that the forum selection clause in the present case should not be enforced because it falls within both the public policy exception and the serious inconvenience exception discussed inBremen. The court will separately address each of these arguments.
First, the plaintiff argues that enforcing the forum selection clause by dismissing the present case would violate "the public policy of this state that permits the courts of this state to interpret its law." The plaintiff has not, however, cited to any authority for the proposition that permitting other states to interpret Connecticut law violates a strong public policy. On the contrary, our courts favor the application of modern choice of law rules, under which courts may be called upon to apply foreign law. In contract actions, for example, our courts apply the "most significant relationship" test of 1 Restatement (Second), Conflict of Laws § 188, under which a court applies the substantive law of the state having the most significant relationship to the transaction. CT Page 17157Reichhold Chemicals, Inc. v. Hartford Accident Indemnity Co.,
Second, that plaintiff argues that under a forum non conveniens analysis, Connecticut is the appropriate forum in which the present case should be heard. "As a common law matter, the doctrine of forum non conveniens vests discretion in the trial court to decide where trial will best serve the convenience of the parties and the ends of justice. . . . Emphasis on the trial court's discretion does not, however, overshadow the central principle . . . that unless the balance is strongly in favor of the defendant[s], the [plaintiffs'] choice of forum should rarely be disturbed." (Citations omitted; internal quotation marks omitted.) Durkinv. Intevac, Inc.,
The plaintiff acknowledges in her memorandum of law that the question of whether to dismiss an action under the doctrine of forum non conveniens is distinct from the question of whether the court should dismiss an action based on a forum selection clause.3 It is clear that the defendant's motion in this case is not grounded in the common law doctrine of forum non conveniens. As discussed above, forum selection clauses "are prima facie valid and should be enforced unless enforcement is shown by the resisting party to be `unreasonable' under the circumstances." The Bremen v. Zapata Off-Shore Co., supra,
For these reasons, the motion to dismiss is granted.
D. Michael Hurley Judge Trial Referee