Summit Aviation, Inc. v. MSP Recovery Aviation, LLC
After a helicopter maintenance dispute, MSP sued Summit in Miami-Dade alleging fraud, FDUTPA, civil theft, conversion, and declaratory relief, notwithstanding a mandatory forum selection clause in hyperlinked Standard Terms and Conditions requiring exclusive jurisdiction where Summit's facility is located. The Third DCA reversed the denial of Summit's motion to dismiss, holding that the clause's language covering 'any and all issues between them relating to this Agreement or its subject matter' encompassed MSP's tort and statutory claims, and rejected MSP's contention that the hyperlinked terms were an invalid browsewrap agreement.
Key facts
- Summit Aviation and MSP Recovery Aviation had a helicopter maintenance relationship governed by a service agreement containing a mandatory forum selection clause requiring disputes be resolved where Summit's facility is located.
- MSP sued Summit in Miami-Dade County alleging fraud, FDUTPA violations, civil theft, conversion, and seeking declaratory relief arising from billing disputes, unauthorized painting services, and retention of aircraft components.
- +2 more key facts with a free trial
Why it matters
Useful authority for enforcing broad 'relating to' forum selection clauses against artfully pleaded tort, FDUTPA, and civil theft claims — a common plaintiff strategy for avoiding a contractual forum. The opinion also… — full analysis with a trial
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