Ex parte International Paper Company et al.

International Paper Company and three employees (Janet Pridgeon, Joni Harris, and Shawn Blenis) sought a writ of mandamus directing the Wilcox Circuit Court to rule upon a pending motion to dismiss a case against them for improper venue, based on an outbound forum-selection clause in a waste services agreement between International Paper and JRD Contracting & Land Clearing, Inc. ("JRD C & L"). After review, the Alabama Supreme Court determined the circuit court exceeded its discretion by failing to rule on, and instead "taking under advisement," the motion to dismiss the third-party complaint based on improper venue while allowing discovery on the merits to proceed and setting deadlines for summary-judgment motions and setting the trial date. Therefore, the Supreme Court issued the writ and directed the circuit court to issue an order addressing the merits of IPC's motion to dismiss based on improper venue. The Court expressed no opinion as to whether IPC's motion should or should not be granted; "[w]hile the writ [of mandamus] will issue to compel the exercise of discretion by a circuit judge, it will not issue to compel the exercise of discretion in a particular manner." View "Ex parte International Paper Company et al." on Justia Law