Global Seafood Inc. v. Bantry Bay Mussels Ltd.

How courts have described this case

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

• “[C]hoice of law provisions are generally applied when determining whether a forum selection clause is mandatory or permissive under step two of the Phillips analysis”
• “[I]t makes sense to address first the forum selection clause in order to determine the appropriate venue for hearing the parties’ dispute . . . .”
• “Forum selection clauses lacking any clear exclusionary or obligatory language – i.e., specific language of exclusion – are permissive and not subject to a presumption of enforceability.”
• “A permissive forum selection clause only confers jurisdiction in the designated forum, but does not deny plaintiff his choice of forum, if jurisdiction there is otherwise appropriate.” (citation and internal quotation marks omitted)
• “The general rule in cases containing forum selection clauses is that[,] when only jurisdiction is specified[,] the clause will generally not be enforced without some further language indicating the parties’ intent to make jurisdiction exclusive.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).