California Supreme Court
Aug. 18, 2025
California Supreme Court upholds out-of-state forum clauses without jury trials
In EpicentRx, the California Supreme Court upheld a forum selection clause naming the Delaware Court of Chancery, rejecting a constitutional challenge based on its lack of jury trials -- and signaling broader implications beyond Delaware entities.
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On July 21, the California Supreme Court issued its long-awaited opinion in EpicentRx, Inc. v. Superior Court. The court reversed a decision from the California Court of Appeal affirming a trial court order denying a forum non conveniens motion on the ground that the clause's selection of the Delaware Court of Chancery -- the hig...
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