Prince Lobel’s attorneys, Hugh Gorman and Julie Heinzelman, successfully opposed a Texas supplier’s Motion to Dismiss filed in Federal Court in Boston on the grounds that the forum selection clause in our client’s Purchase Orders, and not the forum selection clause contained in the Texas vendor’s price quote and warranty, mandated that all disputes be resolved in Massachusetts.
In Liddell Brothers, Inc. v. Impact Recovery Systems, Inc., the general contractor, Liddell Brothers, Inc., sued its vendor for, among other things, selling it a defective product. The vendor, Impact Recovery Systems, Inc. (“Impact”), argued that its price quote constituted its contract with Liddell and that Liddell’s Purchase Orders were unenforceable advancing a “battle of the forms” argument.
The United States District Court for the District of Massachusetts (Saylor, J.) disagreed and denied Impact’s motion to dismiss ruling that Liddell’s well-drafted and fully-executed Purchase Orders constituted the operative contracts between the parties and that the case should proceed in Massachusetts as filed.
To read the article and full text of the ruling, visit Massachusetts Lawyers Weekly.