· 7/14/2011
KTV Media International, Inc. v. Galaxy Group, LA LLC
Citations
- 812 F. Supp. 2d 377
- 2011 U.S. Dist. LEXIS 76038
- 2011 WL 2748659
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that courts “typically will dismiss rather than transfer a case where an applicable forum selection clause allows a plaintiff a choice of more than one permissible forum”
- holding forum selection clause to be reasonably communicated when “Kimberg—registered agent for KTV Media International—has signed many, if not all, of the agreements executed between the parties ... ”
- deciding a forum selection clause providing that the contract parties “consent[]” to the “exclusive jurisdiction” of California courts was mandatory, rather than permissive
- deciding a forum selection clause providing that the contract parties “consent[]” to the “exclusive jurisdiction” of California courts was mandatory, rather than permissive
- finding that a mandatory forum selection clause including the terms “arising out of” and “in connection with” covered claims which did not “arise out of” a contract but were “in connection with” that contract
- explaining that in determining when a claim is within the scope of a forum selection clause, the focus of the inquiry should be on whether the “gist of those claims is a breach of [the con- tractual] relationship”
Source: CourtListener parenthetical corpus (CC0).
Judges: Judith M. Barzilay
Read full opinion on CourtListenerSourced 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.