· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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