Click here for Missouri

Amcad sued Freightquotes.com about a misplaced delivery. Freightquoutes moved to dismiss, pointing out that the relevant bill of lading incorporated “terms and conditions” on the company website, which in turn contained a Missouri foum-selection clause. Freightquotes lost in the trial cost and lost again before the Fifth Court. The panel majority (Justice Myers, joined by Justice Carlyle) “conclude[d that] the referring language is ambiguous as to who agreed to which Organization’s terms and conditions and does not unambiguously incorporate by reference Freightquote’s terms and conditions,” and thus denied mandamus relief. The dissent (Justice Whitehill) reasoned that “the parties plainly agreed to governing, written terms and conditions residing at a specific and readily accessible website” that plainly encompassed this dispute. No. 05-18-01028-CV (March 1, 2019) (mem. op.) (both opinions, applying Bob Montgomery Chevrolet Inc. v. Dent Zone Cos., 409 S.W.3d 181, 189 (Tex. App.—Dallas 2013, no pet.)).