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Appeals court questions forum‑selection clause enforceability amid incapacity claims in PCBI dispute
Summary
In PCBI v. Brown the Utah Court of Appeals heard whether a Nevada forum‑selection clause applies to related entities and whether it is enforceable given allegations that principal Tony Sheay lacked contractual capacity. Plaintiffs urged the court to reverse for lack of an evidentiary hearing; defense counsel stressed pleading and factual deficiencies.
The Utah Court of Appeals heard arguments in PCBI v. Brown over whether a Nevada forum‑selection clause should be enforced in a Utah action and whether plaintiffs sufficiently alleged that company founder Tony Sheay lacked capacity when he signed engagement documents.
Plaintiffs' counsel Alan Morrison told the panel that the district court erred by dismissing the case without holding an evidentiary hearing under the Energy Claims framework and without applying Rule 9(c) to the particularized allegations. Morrison summarized expert…
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