Union Electric Co. v. Energy Insurance Mutual Ltd.

MELLOY, Circuit Judge.

In this diversity action filed in the United States District Court for the Eastern District of Missouri, Union Electric Company (“Union Electric”) appeals the district court’s grant of Energy Insurance Mutual Limited’s (“EIM”) motion to dismiss. While the district court correctly determined that M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 92 S.Ct. 1907, 32 L.Ed.2d 513 (1972), provides the standard for evaluating a motion to dismiss based on a contractual forum selection clause, we reverse and remand for the district court to consider in the first instance whether the…