In Re Nationwide Insurance Company of America, Relators

Summary

The Texas Supreme Court granted a conditional writ of mandamus, holding that the trial court abused its discretion by refusing to enforce a mandatory forum‑selection clause designating Franklin County, Ohio, and directing the trial court to enforce the clause. The Court found no waiver because Nationwide’s litigation conduct was not a substantial invocation that caused actual prejudice. Justice Guzman dissented, arguing that the delay and prejudice warranted upholding the trial court’s denial of dismissal.