Representation of Foreign Franchisor in Enforcement of Forum Selection Clause

Defended Burger King Europe GmbH in a lawsuit in federal court in Dallas, Texas, filed by an investor and his entities against Burger King for tortious interference and for declaratory relief regarding ownership in certain restaurants located in Germany. Burger King filed a motion to dismiss for lack of personal jurisdiction and on forum non conveniens grounds. After denying the plaintiff jurisdictional discovery, Burger King’s motion to dismiss was granted based on forum non conveniens due to the forum selection clause contained in the franchise agreements which required litigation in Germany as well as the application of German law.

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