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Civil Procedure

X Litigation Forum Selection Clause Is Unenforceable, Court Rules

Eugene Volokh | 9.29.2026 8:01 AM

From Judge Casey Pitts (N.D. Cal.) yesterday in Doe v. SpaceXAI Corp:

Plaintiffs Jane Doe, South Carolina Roe, New Jersey Doe, and Ohio Doe sue defendants SpaceX.AI Corp. and SpaceX.AI LLC, alleging that their artificial intelligence product Grok permits users to alter real photos of people so that they are depicted undressed or in sexualized or otherwise explicit scenarios or videos, and that plaintiffs have all been the victims of such alterations. Defendants now move to … transfer [this action] to the Northern District of Texas…. The forum-selection clause is unconscionable.

Defendants' motion to transfer is premised on the forum-selection clause…. Under California law, a contract is unconscionable if it is both procedurally unconscionable because "one of the parties lacked a meaningful........

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