Vyas v. American Van Lines, Inc.
A New York consumer was sued in Broward County by a Florida moving company on an interstate bill of lading containing a mandatory Broward forum-selection and consent-to-jurisdiction clause. The Fourth District held the forum-selection clause was enforceable as to venue, but that a contractual consent to jurisdiction alone cannot confer personal jurisdiction unless the contract satisfies sections 685.101/685.102 (including the $250,000 consideration threshold, a Florida choice-of-law provision, and non-household purpose); because the contract failed those requirements and the plaintiff offered no evidence rebutting the defendant's minimum-contacts affidavit, the motion to dismiss should have been granted.
Key facts
- New York consumer was sued in Broward County by Florida moving company American Van Lines on an interstate bill of lading for a household move with approximately $7,400 in consideration.
- The bill of lading contained a mandatory forum-selection clause selecting Broward County and a consent-to-jurisdiction clause selecting Florida, but specified federal law as governing.
- +2 more key facts with a free trial
Why it matters
The opinion is a clean roadmap on the frequently confused distinction between contractual venue consent and contractual consent to personal jurisdiction, cataloging all seven statutory prerequisites of sections 685.101… — full analysis with a trial
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