Tuesday, December 10, 2013

SCOTUS on Forum Selection Clauses

Last week, the Supreme Court issued its opinion in Atlantic Marine Cons. Co. v. U.S. Dist. Ct. W.D. Tex. (opinion here). From the unanimous opinion:
[A] forum selection clause may be enforced by a motion to transfer under §1404(a) . . . . When a defendant files such a motion, we conclude, a district court should transfer the case unless extraordinary circumstances unrelated to the convenience of the parties clearly disfavor a transfer.
This is something of a win for forum selection clauses.

The Delaware Employment Law Blog has more: SCOTUS Ruling on Forum-Selection Clauses Good News for Employers.