Wisconsin
How Atlantic Marine Construction Co. v. U.S. District Court applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Other.
Wisconsin's approach mirrors the federal interpretation regarding forum selection clauses, emphasizing that such clauses should be enforced unless extraordinary circumstances arise. Wisconsin courts also consider the practicality and fairness of enforcing such agreements.
In Wisconsin, the enforcement of forum selection clauses is upheld, pending a demonstration of any significant and unjust inconvenience or a violation of public policy.
The court upheld a contractual forum selection clause, finding no strong reasons to invalidate the agreement despite the plaintiff’s claims of inconvenience.
Court enforced a forum selection clause and determined that mere inconvenience does not equate to the kind of extraordinary circumstances necessary to enforce it.
The court emphasized respect for parties' freedom to contract, confirming the validity of selected jurisdictions in commercial agreements.
Wisconsin's enforcement of forum selection clauses largely aligns with the federal standard established in Atlantic Marine, which emphasizes a strong presumption in favor of enforcement. However, Wisconsin may diverge slightly by placing additional weight on fairness considerations and potential undue burdens on litigants.
Understanding the application of forum selection clauses as demonstrated in Atlantic Marine is relevant for the Wisconsin bar exam, especially in commercial law and contract sections.