Jones
Jones v. GNC Franchising, Inc.
Opinion
Lead Opinion
Politz, J.
GNC Franchising, Inc., challenges the district court’s refusal to enforce a forum selection clause in its franchise agreement with Charles B. Jones. The company contends that the court erred in denying its motion to either dismiss or transfer venue under 28 U.S.C. §§ 1404 and 1406. For the reasons assigned, we affirm.
BACKGROUND
GNC, a subsidiary of General Nutrition Companies, Inc., is franchisor of General Nutrition Stores throughout the United States. The company’s principal place of business is Pittsburgh, Pennsylvania. Jones is the franchisee of a GNC store in LaVerne, California.
In January 1995 and August 1996, the parties entered into written agreements, including an Option Agreement and a Franchise Agreement, for Jones’ store. Each agreement contains a choice of law clause requiring that it be “interpreted and construed under the laws of the Commonwealth of Pennsylvania, which laws shall prevail in the event of any conflict of law.” Both agreements also contain a forum selection clause providing that any action instituted by a franchisee against GNC “in any court, whether federal or state, shall be brought only within the Commonwealth of Pennsylvania in the judicial…