1. This Court has discussed the enforceability of forum selection clauses in Louisiana, but has never addressed them in light of La. C.C.P. art. 44(A). In Lejano v. Bandak, the Court applied federal law in holding that "in admiralty cases, federal law governs the enforceability of forum selection clauses," and that under the law, forum selection clauses are generally enforceable. 97-388 (La.12/12/97), 705 So.2d 158, 166, cert. denied, Lejano v. K.S. Bandak Assuranceforeningen Card, 525 U.S. 815, 119 S.Ct. 52, 142 L.Ed.2d 40 (1998).
In Sawicki v. K/S Stavanger Prince, 01-0528 (La.12/7/01), 802 So.2d 598, this Court addressed the Lejano decision in light of the newly enacted statute, La. R.S. 23:921, recited infra, which limits the enforcement of forum selection clauses contained in employment contracts. In holding that La. R.S. 23:921 could be applied retroactively to plaintiff's cause of action, this Court explained:
Louisiana Revised Statute 23:921A(2) is a strong expression of Louisiana public policy concerning forum selection clauses wherein the legislature clearly intended to allow Louisiana courts to adjudicate the claims of plaintiffs who have properly invoked their jurisdiction. This, suits validly filed in this state can remain here, despite forum selection clauses to the contrary unless the clause was expressly, knowingly, and voluntarily entered into and ratified after the occurrence of the incident which gives rise to the litigation. The legislature has expressed Louisiana's strong policy with a legitimate concern for providing justice to those parties who would otherwise be entitled to adjudication in a Louisiana court.... The requirement that forum selection clauses be expressly, knowingly and voluntarily entered into and ratified after the occurrence of injury is a reasonable condition, and is appropriately geared toward Louisiana's public policy decision to allow its state courts to adjudicate claims brought within its jurisdiction.
802 So.2d at 606. Thus, in Sawicki, the Court addressed the enforceability of a forum selection clause in an employment contract in light of La. R.S. 23:921A(2), specifically noting a strong public policy of this state to allow Louisiana courts to adjudicate claims of plaintiffs who have properly invoked this state's jurisdiction.
Finally, in Power Marketing Direct, Inc. v. Foster, 05-2023 (La.9/6/06), 938 So.2d 662, 675, a non-maritime case, this Court cited Lejano for the proposition that "forum selection clauses are legal and binding in Louisiana and should be enforced absent a clear showing that enforcement would be unreasonable or unjust, or that the clause is invalid for such reasons as fraud or overreaching." However, in Power Marketing, the enforceability of a forum selection clause was not at issue and thus this statement is mere dicta. Further, the citation to Lejano for this proposition is not technically correct as Lejano involved the enforceability of a forum selection clause under federal law.
Our courts of appeal are split on the issue of whether forum selection clauses are enforceable in Louisiana. The First and Second Circuits have consistently enforced forum selection clauses. Rising Resources Control, Inc. v. Kie Commodities and Finance, L.L.C., 11-1026 (La.App. 1 Cir. 12/21/11), 80 So.3d 1217, 1219, writ denied, 12-658 (La.4/27/12), 86 So.3d 632; Vallejo Enterprise, L.L.C. v. Boulder Image, Inc., 05-2649 (La.App. 1 Cir. 11/3/06), 950 So.2d 832; Barrett Auto Brokers v. Dealer Services Corp., 45,667 (La.App. 2 Cir. 9/22/10), 48 So.3d 322, writ denied, 10-2381 (La.12/10/10), 51 So.3d 734; Case Atlantic Co. v. Blount Bros. Const., Inc., 42,251 (La.App. 2 Cir. 6/20/07), 960 So.2d 1274, writ denied, 07-1541 (La.10/12/07), 965 So.2d 403; Town of Homer v. United Healthcare of Louisiana, Inc., 41,512 (La.App. 2 Cir. 1/31/07), 948 So.2d 1163. The Fourth and Fifth Circuits have recently refused to enforce forum selection clauses, finding that they are contrary to strong public policies of this state, though the public policies cited did not relate to forum selection clauses. Genets v. Genets, 06-0087 (La.App. 4 Cir. 1/10/07), 948 So.2d 343, writ denied, 07-0574 (La.5/4/07), 956 So.2d 622; Aquatic Lodging, LLC v. Bayou Boys Boat Rental, LLC. 11-382 (La.App. 5 Cir. 12/28/11), 82 So.3d 562; but see Reynolds v. Paulson, 03-1884 (La.App. 4 Cir. 3/31/04), 871 So.2d 1215; Lee v. Commodore Holdings, Ltd., 00-1551 (La.App. 4 Cir. 12/6/06), 947 So.2d 158, writ denied, 07-0300 (La.4/20/07), 954 So.2d 163; Pique'-Weinstein-Pique' Architects. Inc. v. New Orleans Aviation Bd., 99-1231 (La.4/25/00), 762 So.2d 76, writ denied, 00-1483 (La.6/3/00), 767 So.2d 41; Digital Enterprises, Inc. v. Arch Telecom, Inc., 95-30 (La. App. 5 Cir. 6/28/95), 658 So.2d 20 Pitts, Inc. v. Ark-La Resources, L.P., 30,836 (La.App. 2 Cir. 8/19/98), 717 So.2d 268; Garrity Printing, LLC v. M & M Mortg., Inc., 10-290 (La.App. 5 Cir. 11/9/10), 54 So.3d 81. The Third Circuit recently prohibited the enforcement of a forum selection clause in a construction contract. Thompson Tree & Spraying Service, Inc. v. White-Spunner Const., Inc., 10-1187 (La.App. 3 Cir. 6/1/11), 68 So.3d 1142, writ denied, 11-1417 (La.9/30/11), 71 So.3d 290; see also Shelter Mutual Ins. Co. v. Rimkus Consulting Group, Inc., 13-283 (La.App. 3 Cir. 7/22/13).
