Legal Memorandum: Motion to Dismiss

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
Jurisdiction: Delaware
Cited Cases: None
Cited Statutes: None
Date: 08/01/2000

“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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