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· 7/31/2009

Rivera v. Centro Medico De Turabo, Inc.

Citations

  • 575 F.3d 10
  • 2009 U.S. App. LEXIS 17009
  • 2009 WL 2343132

How courts have described this case

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

  • holding that “the language of the forum selection clause itself that determines which claims fall within its scope.”
  • recognizing that a “motion to dismiss based on a forum selection clause [is treated as] a motion alleging [a] failure to state a claim for which relief can be granted under Rule 12(b)(6)”
  • holding that \knowledge [of the contract] is imputed as a matter of law\
  • noting that “[t]he mere fact that a contract is one of adhesion does not render it per se unenforceable”
  • stating that the clause applies to claims that “arise out of or relate to the Stock Plan or the same subject matter”
  • noting that \overreaching\ means something more than that a contract term was not negotiated

Source: CourtListener parenthetical corpus (CC0).

Judges: Torruella, Lipez, Howard

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.