Issue: What is the burden of proof on a Delaware motion to dismiss on the grounds that a forum selection clause was procured by fraud?
|Area of Law:||Litigation & Procedure|
|Keywords:||Motion to dismiss; Burden of proof; Forum selection clause|
“On a motion to dismiss, the record must be viewed in a light most favorable to the non-moving party and all reasonable inferences are considered most strongly in favor of plaintiff. All well-pled allegations are taken as true.” Double Z Enters., Inc. v. General Marketing Corp., No. C.A. 97C-08-076 (Del. Super. Ct. June 1, 2000). The moving party thus has the burden of proving that the forum-selection clause was procured by fraud