SABA Software, Inc. v. Deere & Company

(Court opinion corrected 10/17/14.) When a party places a waiver of venue provision in a contract and the other party agrees, fundamental fairness requires that the party who placed it in the contract cannot later complain that the clause is void as against public policy. When a venue waiver clause is placed in a form contract and affects the due process rights of others, the waiver can be void contrary to public policy.(McBRIDE and TAYLOR, concurring.)