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· 6/11/2008

Cfirstclass Corp. v. Silverjet Plc

Citations

  • 560 F. Supp. 2d 324
  • 2008 U.S. Dist. LEXIS 45745
  • 2008 WL 2389811

How courts have described this case

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

  • holding that defendant could invoke forum selection clause in agreement signed by its predecessor-in-interest requiring that disputes be litigated in the courts of England and Wales
  • noting that it was appropriate to use Rule 12(b)(1) to determine applicability of forum selection clause when the plaintiff did not object
  • noting that the contract at issue only contained the phrase “arising out of,” and discussing the possibility that a forum selection clause including the phrase “arise in connection with” could have a greater scope
  • discussing Hugel v. Corporation of Lloyd’s, 999 F.2d 206, 209-10 (7th Cir. 1993), which found a forum selection clause enforceable against two non- signatory companies that were owned by the individual signatory
  • applying a narrow forum selection clause to tort claims because the claims “rely fundamentally on the terms of the agreements” and “are expressly premised on assertions regarding its rights . . . pursuant to the two agreements”
  • “A contractually-based forum selection clause will also encompass tort claims ... if resolution of the claims relate to interpretation of the contract.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Sidney H. Stein

Read full opinion on CourtListener

Sourced 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.