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· 6/20/1996

R.A. Argueta, Husband Mary Argueta, Wife Grupo Sal Corporation v. Banco Mexicano, S.A. Francisco Suarez Davila Alonso Cuevas Del Villar

Citations

  • 87 F.3d 320
  • 96 Daily Journal DAR 7185
  • 96 Cal. Daily Op. Serv. 4443
  • 34 Fed. R. Serv. 3d 1394
  • 1996 U.S. App. LEXIS 14865
  • 1996 WL 342225

How courts have described this case

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

  • holding that when resolving a motion to 21 dismiss under Federal Rule 12(b)(2) and (3), a court may “consider facts outside the pleadings”
  • holding that a motion to dismiss based on a forum-selection clause should be treated “as a Rule 12(b)(3) motion to dismiss for improper venue.”
  • holding that a motion to dismiss based on a forum-selection clause should be treated “as a Rule 12(b)(3) motion to dismiss for improper venue.”
  • finding that a forum selection clause is unreasonable if it is the result of fraud or undue influence, the forum will deprive one party of its day in court, or enforcement of the clause would violate public policy
  • dismissing an Arizona federal case to uphold a clause designating Mexico, despite evidence that plaintiff would be in danger if he returned to Mexico to litigate
  • analyzing a 27 motion to dismiss for improper venue involving a forum selection clause

Source: CourtListener parenthetical corpus (CC0).

Judges: Sneed, Norris, Wiggins

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.