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
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
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