· 3/5/2010
Tradecomet. Com LLC v. Google, Inc.
Citations
- 693 F. Supp. 2d 370
- 2010 U.S. Dist. LEXIS 20154
- 2010 WL 779325
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the phrase “shall be litigated exclusively in the federal or state courts of Santa Clara County, California” was compulsory language rendering a forum selection clause mandatory
- noting that in deciding a motion to dismiss based on a forum selection clause, under Rule 12(b)(1) or 12(b)(3), a court may consider evidence outside the pleadings
- noting that the former category encompasses claims that “originate from” the contract at issue
- noting that the issue is unsettled and declining to decide the question of which law to apply, because the parties relied on both forum and contractually chosen law, and because the outcome was the same under both laws
- construing forum selection clause with language including “relating to” and “arising out of” within the broader category
- construing forum selection clause with both phrases “relating to” and “arising out of” within the broader category
Source: CourtListener parenthetical corpus (CC0).
Judges: Sidney H. Stein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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