Beery v. State Industrial Accident Commission

How courts have described this case

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

• noting circuit split as to whether motion to dismiss based on forum selection clause should be brought pursuant to 12(b)(3) or 12(b)(6)
• a district court does not have the discretion to strike down forum-selection clauses merely because state public policy prohibits them.
• “We review for abuse of discretion a district court’s decision whether to dismiss or transfer a complaint for improper venue.”
• “There is only one federal venue into which a state court action may be removed, and that is in the statutorily dictated ‘district court ... for the district and division embracing the place where [the state court] action [was] pending.’”

Source: CourtListener parenthetical corpus (CC0).