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· 1/13/1993

George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree Farm

Citations

  • 983 F.2d 1110
  • 1993 WL 4830

How courts have described this case

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

  • Recognizing that “the prevailing federal court view [is] that forum clauses foster policy interests important to the parties and the courts.”
  • concluding that the “forum selection clause [was] valid, exclusive and enforceable” in ruling on a motion brought pursuant to Rule 12(b)(6)
  • noting that conflict-of-law analysis is unnecessary where the \outcome is the same under the substantive law of either jurisdiction\
  • noting that the choice-of-law question governing the enforceability of a forum selection clause in other contexts has not been determined in the First Circuit
  • finding that a forum-selection clause was impliedly mandatory where it stated “venue shall lie exclusively in Clark County, Washington.”
  • finding that when “the outcome is the same under the substantive law of either jurisdiction” there is no actual conflict and the court “need not resolve the [choice-of-law] issue.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cyr, Campbell, Fuste

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.