Adams v. Raintree Vacation Exchange, LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that the parties had waived a choice of law provision requiring application of Mexican law by framing their dispute under American law
• “Piercing the veil remains a possible ground for enforcing a forum selection clause against a party’s affiliate, if for example the corporation that signed the contract containing the clause was a mere shell . . . .” (citation omitted)
• “The parent should be allowed to invoke the clause and thus insist that the suit be litigated in the same court in which, pursuant to the clause, its subsidiary is being sued.”
• “A forum selection clause is sometimes enforced by or against a company that is under common ownership (for example as parent and subsidiary) with—that is, an affiliate of—a party to a contract containing the clause[.]”
• “We could stop there and affirm, but will trudge on.”
• “[N]either side has asked either the district judge or us to apply Mexican law to the clause; their debate over its enforceability is framed entirely as a dis- pute about American law, and so the issue of the applicable law has been waived.”

Source: CourtListener parenthetical corpus (CC0).