Federated Capital Corp. v. Libby, 2016 UT 41 (Sept. 6, 2016)

In this consolidated case, the Utah Supreme Court held that an enforceable forum selection clause does not preclude application of Utah’s borrowing statute. The forum selection clause required that the case be governed by all of Utah’s law, both procedural and substantive. The Court rejected the plaintiff’s argument that the borrowing statute applies only when the claim is not actionable in the foreign jurisdiction solely because of the lapse of time.