In re Nickerson v. Network Solutions, LLC

In a case brought under the Colorado Supreme Court's origination jurisdiction, the issue presented centered on whether a default judgment could be set aside as void for lack of jurisdiction due to the existence of a contractual forum selection clause. The clause at issue here purported to divest Colorado courts of jurisdiction over the dispute. After the trial court set aside the default judgment, plaintiff Christopher Nickerson sought to have the default reinstated against defendant Network Solutions, LLC. and Web.com Group, Inc. Upon review, the Supreme Court concluded the trial court erred in setting aside the judgment "A forum selection clause . . . does not divest a court of jurisdiction but instead presents the question of whether it is reasonable for the trial court to exercise its jurisdiction in the particular circumstances of the case. Therefore, the Supreme Court concluded the default judgment was not void; the trial court was directed to reinstate the default judgment in favor of plaintiff. View "In re Nickerson v. Network Solutions, LLC" on Justia Law