New Moon Shipping Company, Limited and International Marine Investors and Management Corporation v. Man B & W Diesel Ag

How courts have described this case

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

• holding at initial stage of litigation plaintiff 15 required to show prima facie that chosen forum is proper
• explaining that “a contract may incorporate another document by making clear reference to it”
• remanding to the district court for claim-by- claim factfinding on a motion to transfer where claims arose from several related agreements, only some of which may have contained forum-selection clauses
• remanding to the district court for claim-by- claim factfinding on a motion to transfer where claims arose from several related agreements, only some of which may have contained forum-selection clauses
• “A disputed fact may be resolved in a manner adverse to the plaintiff only after an evidentiary hearing.”
• “The scope of the forum selection clause is a contractual question that requires the courts to interpret the clause and, where ambiguous, to consider the intent of the parties.”

Source: CourtListener parenthetical corpus (CC0).