· 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 CourtListenerSourced 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.