Dorilton Capital Management LLC v. Claudia Schwarz
The Third DCA reversed the trial court's denial of Dorilton's motion to dismiss, holding that a mandatory New York forum selection clause in a public relations agreement applied to slander claims brought by Schwarz individually against Dorilton, notwithstanding that the formal signatories were their respective corporate entities. The court applied both the law of the case doctrine from its prior ruling in Williams IP Holdings, LLC v. Schwarz, 394 So. 3d 199 (Fla. 3d DCA 2024), and independently held that broadly-worded forum selection clauses bind non-signatories when tort claims arise directly from the contractual relationship.
Key facts
- Dorilton Capital Management engaged Schwarz, through her Florida-based marketing agency Stilus LLC, to provide marketing and PR services for the Williams Formula One Racing Team under a public relations agreement containing a mandatory New York forum selection clause.
- By mid-2023 the relationship had broken down and competing lawsuits were filed in Bermuda, New York, and Florida; the Florida slander claims alleged that Dorilton board members made statements implying Schwarz's professional role resulted from an improper personal relationship with Dorilton's former CEO.
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Holdings
- A broadly-worded forum selection clause covering 'any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement'…
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