Ambraco, Inc. v. Bossclip B.V.

How courts have described this case

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

• noting that both 12(b)(1) and (b)(3) allow courts to look past the pleadings to resolve disputed facts
• affirming dismissal of plaintiff's action against various carriers based on bill of lading’s forum selection clause requiring appellant to pursue all claims in England
• under Rule 12(b)(1), the court is permitted to look at evidence in the record beyond facts alleged in the complaint
• “[U]nder . . . Rule 12(b)(3), the court is permitted to look at evidence in the record beyond simply those facts alleged in the complaint and its proper attachments.” (cleaned up)
• another pre-Atlantic Marine case: approving the dismissal of a Rule 14(c) tender that was prohibited by a forum-selection clause, but allowing the third-party plaintiff’s indemnity-and-contribution claims to proceed against the third-party defendant
• “[I]n the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b)(3

Source: CourtListener parenthetical corpus (CC0).