Krassan v. Reich Family Limited Partnership
Limited partners sued a general partner's president and his wife for self-dealing and unauthorized transfers of partnership assets; defendants moved to dismiss based on a mandatory Nevada forum selection clause in the partnership agreement. The Fourth District reversed the denial of the motion, holding that all of the partnership's claims — not just the count expressly alleging breach of the agreement — had a sufficient nexus to the partnership agreement to fall within the clause, and ordered dismissal without prejudice to refiling in Nevada.
Key facts
- Limited partners of a Florida partnership sued the general partner's president and his wife, alleging self-dealing and unauthorized transfers of partnership assets.
- The defendants moved to dismiss based on a mandatory Nevada forum selection clause contained in the partnership agreement; the trial court denied the motion.
- +2 more key facts with a free trial
Why it matters
Useful for counsel enforcing mandatory forum selection clauses against artfully pleaded tort and fiduciary-duty claims: the court refused to let a plaintiff carve out counts as 'existing independently' of the agreement… — full analysis with a trial
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