If the parties have agreed in writing that an action on a controversy shall be brought only in another state and it is brought in a court of this state, the court will dismiss or stay the action, as appropriate, unless (1) the court is required by statute to entertain the action; (2) the plaintiff cannot secure effective relief in the other state, for reasons other than delay in bringing the action; (3) the other state would be a substantially less convenient place for the trial of the action than this state; (4) the agreement as to the place of the action was obtained by misrepresentation, duress, the abuse of economic power, or other unconscionable means; or (5) it would for some other reason be unfair or unreasonable to enforce the agreement.
Neb. Rev. Stat. § 25-415
Choice of forum in another state; action pending in this state; procedure
Applied in 5 court decisions — leading case Fru-Con Construction Corp. v. Controlled Air, Inc. (2009)
Most recently applied in 961 F. Supp. 2d 964 - Heartland Family Services v. Netsmart Technologies, Inc. (August 2013)
Laws 1969, c. 179, § 3, p. 769.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.