Parker v. K&L Gates

76 A.3d 859 (2013)

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Parker v. K&L Gates

District of Columbia Court of Appeals
76 A.3d 859 (2013)

  • Written by Alexander Hager-DeMyer, JD

Facts

Robert Parker (plaintiff) was a partner at Preston Gates & Ellis, LLP, which merged with another firm to form K&L Gates, LLP (K&L) (defendant). All former partners of the combining firms who wanted to become partners at K&L were required to sign a supplement to the firm’s partnership agreement. Parker signed the supplement, which stated that new partners agreed to be bound by K&L’s partnership agreement as amended. One of the amendments to the partnership agreement, made prior to Parker’s signing, contained an arbitration clause and a forum-selection clause, stating that arbitration would occur in Washington, D.C. for all disputes arising under the agreement. A dispute arose between K&L and Parker. Parker quit and filed suit in California state court. Parker and many of the potential witnesses for the lawsuit lived in California at the time of filing. K&L filed a motion in D.C. superior court to compel arbitration, which the superior court granted. Parker appealed to the D.C. appellate court. Among other matters, Parker claimed that the forum-selection provision was invalid and unenforceable.

Rule of Law

Issue

Holding and Reasoning (McLeese, J.)

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Casebooks

Alternative Dispute Resolution

Key Terms

  • Forum-Selection ClauseA clause in a contract which, if enforced, binds the parties to submit any disputes arising from the contract in the designated judicial forum.
  • ForumThe jurisdiction in which a judicial action is brought.
  • ArbitrationA form of alternative dispute resolution that is more formal than mediation but subject to fewer formal rules than a traditional court case. In arbitration, the parties present their cases and a neutral third party, the arbitrator(s), makes a final judgment, which is not appealable.

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