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· 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 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.