· 8/29/1997
Haynsworth v. the Corporation
Citations
- 121 F.3d 956
- 1997 U.S. App. LEXIS 22818
- 1997 WL 534146
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Moseley, consistent with Prima Paint, involved an attack on the arbitration clause specifically and not the container contract
- explaining that the plaintiffs’ proposed distinction between arbitration and forum-selection clauses “contradicts both Supreme Court and Fifth Circuit precedent and consequently must be rejected” because arbitration clauses are but a subset of forum-selection clauses
- requiring the party opposing enforcement of a choice of law clause to make a clear showing that the clause was unreasonable under the circumstances
- holding that federal law governs
- illustrating the difficult burden of proving fraud and overreaching or, alternatively, illustrating the lengths plaintiffs will pursue to challenge forum clauses
- dismissing, on the basis of the forum selection clause, suits against Lloyd’s by Names alleging fraud, breach of fiduciary duty, and violations of the Texas consumer fraud statute
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Barksdale, Benavides
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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