Farver v. City of Westlake

How courts have described this case

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

• affirming a district court’s dismissal of claims based on a forum-selection clause that contemplated a foreign jurisdiction
• “[O]ur courts have long recognized that the courts of England are fair and neutral forums.”
• “A plaintiff seeking to avoid a choice provision on a fraud theory must . . . plead fraud going to the specific provision; the teaching of Scherk, interpreting M/S Bremen, require no less.”
• “Forum selection provisions are ‘prima facie valid’ and a party resisting enforcement carries a heavy burden of showing that the provision itself is invalid due to fraud or overreaching or that enforcement would be unreasonable and unjust under the circumstances.”
• approving forum selection clause of General Undertaking Agreement
• “The fact that an international transaction may be subject to laws and remedies different and less favorable than those of the United States is not a valid basis to deny enforcement, provided that the law of the chosen forum is not inherently unfair.”

Source: CourtListener parenthetical corpus (CC0).