Solargenix Energy, LLC v. Acciona

Plaintiff solar power company filed suit against Spanish companies, claiming breach of joint venture agreements. Court properly denied Defendants' motion to dismiss for lack of personal jurisdiction. A court may exercise personal jurisdiction of a defendant by enforcing a forum selection clause against it, even though it was not a signatory to contract with that clause, where it was closely related to dispute so that it was foreseeable that the nonsignatory would be bound, regardless of whether non-signatory is a party in the litigation. Forum selection clause was essentially incorporated into all provisions of amended cooperation agreement. (GORDON and TAYLOR, concurring.)