Kevin Mulvaney (Partner-Detroit, MI) obtained dismissal of a breach of contract and fraudulent misrepresentation complaint brought against a health care software company in Wayne County Circuit Court. The plaintiff alleged fraudulent misrepresentation and demanded exemplary damages stemming from the sale of a cloud-based software for its medical practice. The plaintiff argued that its allegations circumvented the contract's arbitration and choice of venue clause, leaving the client open to additional potential exposure. Kevin successfully argued the allegations did not warrant further litigation in a Michigan because (1) the contract included a valid agreement to arbitrate, which meant the Wayne Circuit Court had no jurisdiction over the case and (2) dismissal was appropriate because the court lacked subject-matter jurisdiction based on the valid and enforceable arbitration and forum selection clauses. As the plaintiff only paid a fraction of the software contract prior to filing suit, the court also enforced the damages limitation clause and found that the amount in controversy was under the court's minimum jurisdiction of $25,000.