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October 2018

Gordon & Rees Multi-State Team Wins At Nevada Supreme Court, Enforces Contractual Forum Selection Clause

A Gordon Rees Scully Mansukhani multi-state team won two victories for a client and enforced a contractual forum selection clause. The firm’s Minnesota client used self-help measures to recover vehicles when its borrower, a Las Vegas limo service, defaulted. The Las Vegas limo service filed a Nevada action to enjoin further self-help, and against the firm's predecessor counsel won that injunction.

Las Vegas managing partner Robert Schumacher, along with Oakland partner and head of the firm’s Appellate practice group Don Willenburg, stepped in and successfully appealed to the Nevada Supreme Court, arguing that the trial court had not applied the proper test and therefore wrongly determined that the contractual forum selection of Minnesota did not apply.

The Nevada Supreme Court reversed and remanded with direction to the trial court to apply the correct test. On remand, the trial court agreed that the forum selection clause left it without jurisdiction and dismissed the injunction action.


Robert E. Schumacher
Don Willenburg



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