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Benjamin Holliday

Forum Selection Clauses and Trespass to Try Title v. Declaratory Judgment

In SM Energy v Union Pac. R.R. Co., the Texas Court of Appeals for Eastland held that SM Energy’s cause of action constituted a claim for declaratory judgment rather than trespass-to-try-title. Additionally, the court held that Texas courts did not have exclusive jurisdiction over the claims and allowed enforcement of the lease’s forum selection clause.

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