Before Judge Lasnik, plaintiffs argued that their claims did not arise
from or relate to the Agreement, and therefore, the case should not be
transferred. Rejecting plaintiffs' argument, Judge Lasnik stated:
Here, the forum selection clause provides that "any
action related to or arising from this Agreement may
be brought only in a state or federal court located
within Cook County, Illinois," The language of the
clause clearly states that actions both "arising from"
and "relating to" the Agreement must be brought in
Illinois. Plaintiffs' assertions that their claims do
not "arise from" or "relate to" the Licensed Dealer
Agreement are contradicted by the fact that plaintiffs
have referenced and attached the Licensed Dealer
Agreement to their complaint for damages, The court
agrees with BOA and finds that plaintiffs' causes of
action, at the very least, "relate to" the Licensed
Order, at 2-3, Judge Lasnik also found that plaintiffs' reliance on
Tracer Research Corp, v. National Environmental. Services. Corp.,
42 F.3d 1292
(9th Cir. 1994), a case which plaintiffs cite in this motion
as well, was misplaced. Judge Lasnik noted mat the clause at issue in
Tracer contained the phrase "arising from" but did not contain any "relating to"
language. Order, at 3 n.1. Relying on Mediterranean Enterprises, Inc. v.
Ssangyong Corp., 798 F.2d 1458, 1464 (9th Cir. 1983), Judge Lasnik
concluded that the omission of the "relating to" language is
The scope of the "arising from" language is narrow and
is intended to cover only those disputes relating to
the interpretation and performance of the contract
itself. In contrast, the scope of "relating to"
language is broad and is intended to cover a much
wider scope of disputes, not just those arising under
the agreement itself.
Order, at 3 n. 1 (internal citations omitted). Accordingly, Judge
Lasnik found that the forum selection clause was applicable to this case
and transferred the matter to this Court.