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· 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 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.