· 7/29/2004
Global Satellite Communication Co. v. Starmill U.K. Ltd.
Citations
- 378 F.3d 1269
- 2004 U.S. App. LEXIS 15631
- 2004 WL 1688777
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that forum selection clause did not restrict jurisdiction where it mandated venue in a particular county, but did not specify state or federal courts
- suggesting that “any contractual provision mandating a particular locality for venue” would be a consideration in applying a-locaí rule that provided for intra-district transfers “in the interest of justice”
- rejecting the argument that district court’s local rule which could potentially permit trial outside of the specified county warranted interpreting the clause to forbid removal
- finding the phrase \submit to the jurisdiction\ of the chosen venue \simply ambiguous\ and construing the forum selection clause against the drafter
- finding a clause placing venue in a specific county did not automatically restrict litigation to the state court venue where the action was brought
- relying on the use of the “imperative” “shall” to conclude that a forum selection clause was mandatory
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Kravitch, Oakes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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