Forum selection clauses are the contract-drafter’s torture of choice. They often guarantee a win for the side with the power to select where suit must take place — usually not where the other side can afford to be.
Evan Brown reports on that rare case where a court doesn’t let a forum selection clause do what it’s supposed to, namely deprive one side of a realistic legal remedy. The loser is AOL. The winner, in this case, would seem to be the public interest — and that’s coming from a private-contracts guy.