· 11/7/2005
American Soda, LLP v. U.S. Filter Wastewater Group, Inc.
Citations
- 428 F.3d 921
- 2005 U.S. App. LEXIS 23992
- 2005 WL 2972844
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that, “by consenting to state court jurisdiction and selecting the state courts as the ‘exclusive forum,’ the parties indicated their intent and rejecting argument that inclusion of “arbitrator” in forum selection clause rendered clause ambiguous
- concluding that, “by consenting to state court jurisdiction and selecting the state courts as the ‘exclusive forum,’ the parties indicated their intent and rejecting argument that inclusion of “arbitrator” in forum selection clause rendered clause ambiguous
- explaining that a mandatory forum selection clause contains clear language that jurisdiction is only proper in the designated tribunal(s), while a permissive forum selection clause authorizes jurisdiction in the designated tribunal(s
- “Because the forum selection clause at issue is mandatory, [the defendant] unequivocally waived its right to remove this lawsuit to federal court.”
- “An award of attorneys’ fees is not final and appealable within the meaning of 28 U.S.C. § 1291 until it is reduced to a sum certain.”
- “Courts of the State of Colorado”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kelly, Seymour, Murphy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.