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Perdue Farms, Inc. v. L&B Transport, LLC, et.al.
24S-PL-40
Civil plenary. Affirm the Daviess Circuit Court’s order dismissing Perdue Farms ’s claims against U.S. Security for improper venue. Enforces the forum-selection clause over the plaintiff’s objection, though that means some of its claims will be heard in Maryland, and others (against non-contracting defendants) will be heard in Indiana. Reject the plaintiff’s strategic pleading to avoid the forum-selection clause by suing the contracting defendant’s Indiana-based employees individually. Reverses the trial court’s order dismissing U.S. Security’s three employees. Declines to apply the forum-selection clause to the plaintiff’s claims against the individual employees. These employees (unlike their employer) are not parties to the forum-selection clause, and they are not in privity with their employer. Remands for further proceedings consistent with the court’s opinion. Chief Justice Loretta Rush concurs with separate opinion.
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