The Appellate Group

PCVI LLC v. Premsrirut

PCVI LLC v. Premsrirut, 2026 UT App 56 (Tenney, J.)

Civil Procedure/Tort Law

The Utah Court of Appeals held:

(1) The district court erroneously concluded that Plaintiffs had not shown that decedent was incapacitated at the time he signed a power of attorney.
(2) There was no basis for overturning the district court’s rejection of Plaintiffs’ claim that it would be unfair or unreasonable to enforce the forum selection clause.
(3) The district court correctly determined that, as a matter of contract interpretation, Non-Signatory Plaintiffs were bound by the litigation clause of the parties’ agreement.

Practice tip:

Once a motion to dismiss based on improper venue from a forum selection clause moves past the pleadings and is subjected to factual development, the question becomes whether the plaintiff has proven enough to persuade the court that the clause should not be enforced.

Read the full court opinion