Sucampo Pharmaceuticals, Inc. v. Astellas Pharma, Inc.

How courts have described this case

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

• explaining “Supreme Court precedent suggests that 12(b)(6) is not the appropriate motion for enforcing a forum-selection clause” and, additionally, “because a 12(b)(6
• “Treating a motion to dismiss based on a forum-selection clause under Rule 12(b)(3) avoids the logistic and theoretical intricacies of utilizing 12(b)(1), allows the court to freely consider evidence outside of the pleadings, unlike under a 12(b)(6
• dismissal on the basis of forum selection clause is a non-merits ruling and properly treated under Fed. R.Civ.P. 12(b)(3) as a motion to dismiss for improper venue

Source: CourtListener parenthetical corpus (CC0).