Tennessee
How Atlantic Marine Construction Co. v. U.S. District Court applies in Tennessee: state-specific rules, key cases, and bar exam notes for Other.
Tennessee courts generally adhere to the federal standard regarding forum selection clauses, emphasizing the parties' liberty to choose their own forum and giving such clauses considerable weight. The enforcement of these clauses is subject to certain exceptions, including concerns of fairness and public policy.
Tennessee recognizes the enforceability of forum selection clauses in contracts, provided they are clear and unambiguous, and will enforce them unless unjust or against Tennessee public policy.
Held that a clear forum selection clause in an insurance contract was enforceable under Tennessee law.
Affirmed enforcement of a chosen forum clause, emphasizing the need for clarity and mutual consent in contractual agreements.
Ruled against enforcement of a forum selection clause due to the lack of true mutual assent.
Tennessee's approach mirrors the federal standard established in Atlantic Marine, focusing on the enforcement of forum selection clauses. However, Tennessee courts take a more nuanced stance, considering specific state public policy implications and fairness when evaluating such clauses.
Knowledge of forum selection clauses and their enforcement within the context of Tennessee law may be tested on the Tennessee bar exam, particularly in contracts and civil procedure subjects.