Ex Parte United Propane Gas, Inc. (in Re: Cullman Security Services, Inc.

Summary

The court granted United Propane's petition for a writ of mandamus and directed dismissal of CSS's action because the parties' contract required disputes to be litigated exclusively in McCracken County, Kentucky. CSS failed to clearly establish that enforcing the forum-selection clause would be unfair or unreasonable, including by inconvenience, adhesion, unconscionability, or violation of Alabama public policy. The court distinguished the prior class-action unconscionability decision relied on by CSS because this case involved business entities, no arbitration clause or damages limitation, and no showing that individual litigation in Kentucky was impracticable.