American Patriot Insurance Agency, Inc. v. Mutual Risk Management, Ltd.

How courts have described this case

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

• stating that the plaintiff’s argument that the contract language “concerning” was “narrower than the more common term ‘arising out of’” was “semantic quibbling”
• finding that a forum-selection clause cannot be “defeated by suing an affiliate or affiliates of the party to the contract in which the clause appears, or employees of the affiliates”
• explaining that forum selection clauses would be empty if “a plaintiff can defeat a forum-selection clause by its choice of provisions to sue on, of legal theories to press, and of defendants to name in the suit.”
• explaining that forum selection clauses would be empty if “a plaintiff can defeat a forum-selection clause by its choice of provisions to sue on, of legal theories to press, and of defendants to name in the suit.”
• finding no waiver where defense was not raised for nine months during which time the parties engaged in settlement negotiations
• rejecting argument that “a plaintiff can defeat a forum-selection clause by its choice of provisions to sue on, of legal theories to press, and of defendants to name in the suit”

Source: CourtListener parenthetical corpus (CC0).