Ex parte United Propane Gas, Inc.

by
United Propane Gas, Inc. ("United Propane"), sought a writ of mandamus compelling the Cullman Circuit Court to vacate its order denying United Propane's motion to dismiss an action filed by Cullman Security Services, Inc. ("CSS"), and to enter an order dismissing the action. The trial court denied the motion to dismiss on the ground that "the outbound forum-selection clause contained in the parties' contract is unfair or unreasonable because it deprives [CSS] of the ability to file a class action in contravention of a recognized Alabama public policy" and found that the parties' contract was a contract of adhesion. The Supreme Court concluded United Propane had shown a clear legal right to have the action dismissed on the basis that venue in the Cullman Circuit Court was, by application of the outbound forum-selection clause, improper. The trial court exceeded its discretion in denying the motion to dismiss CSS's action. The trial court was directed to dismiss the cause without prejudice. View "Ex parte United Propane Gas, Inc." on Justia Law