Indiana Supreme Court
Perdue Farms Inc. v. L & B Transport, LLC
August 13, 2024
Summary
The court enforced the forum-selection clause requiring Perdue and U.S. Security to litigate their dispute in federal court in Maryland, holding that Perdue failed to show that enforcement would deprive it of its day in court. The clause did not apply to Perdue’s negligence claims against U.S. Security’s individual employees because they were neither signatories nor in privity with U.S. Security, and the defendants waived an alternative theory for extending the clause to them. The court therefore affirmed dismissal of the claims against U.S. Security, reversed dismissal of the claims against the employees, and remanded.