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Appeals court tests forum‑selection clause and evidentiary standard on incapacity in PCBI litigation
Summary
In PCBI v. Brown/Premsrit, the Court of Appeals questioned whether the district court should have held an evidentiary hearing under Energy Claims before enforcing a Nevada forum‑selection clause and whether plaintiffs' allegations and Dr. Klein's expert report showing substance‑induced psychosis were sufficiently particularized.
The Utah Court of Appeals heard extended argument in PCBI v. Brown/Premsrit about whether a Nevada forum‑selection clause should be enforced and whether the district court erred by dismissing claims without an evidentiary hearing on alleged incapacity.
Plaintiff counsel Alan Morrison described his client’s contention that Tony Sheay suffered substance‑induced psychosis in mid‑2020 and that several transactions and agency designations executed in June–August 2020 were therefore invalid. Morrison said…
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