· 8/15/2003
Rainforest Cafe, Inc. v. Eklecco, L.L.C.
Citations
- 340 F.3d 544
- 2003 U.S. App. LEXIS 16711
- 2003 WL 21946891
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- affirming district court’s dismissal for improper venue based on mandatory forum- selection clause
- \we indulge their suggestion that we interpret the forum selection clause under federal law\ only \[b]ecause the parties have not argued that state law would result in a materially different outcome\
- the court did not address the issue because the motion to dismiss was brought pursuant to both Rule 12(b)(3) and 12(b)(6)
- “Because the parties have not argued that state law would result in a materially different outcome, we indulge their suggestion that we interpret the forum-selection clause under federal law.”
- “we indulge their suggestion that we interpret the forum selection clause under federal law” only “[b]ecause the parties have not argued that state law would result in a materially different outcome”
- “In this case, both parties operate under the assumption that federal law controls the question of whether this forum selection clause applies. We are inclined to agree, but acknowledge that this appears to be an open question.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Heaney, Ericksen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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