Legal Opinion
In Re: Rolls Royce Corporation
Court of Appeals for the Fifth Circuit
Decided December 30, 2014No. 14-30510PublishedCited by 175 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This mandamus petition brings the question of who—the parties or the court—determines in which judicial district a civil action is to proceed. In Atlantic Marine Construction Company,1 the Supreme Court held that when all parties have entered into a forum selection contract, that contract controls, except in exceptional circumstances, and the district court must transfer the action to the agreed-upon district.2 Here, we must address a related issue—what should a district court do when some, but not all, litigants are subject to a forum selection clause,…
2Cases cited25 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Van Dusen v. BarrackSupreme Court of the United States · 1964
20 more not listed; retrieve them via the Exa API.
3Cited by175 opinions
- In Re Howmedica Osteonics Corp.Court of Appeals for the Third Circuit · 2017
- Defense Distributed v. BruckCourt of Appeals for the Fifth Circuit · 2022
- Ryze Claims Solutions, LLC v. Jane Magnus-StinsonCourt of Appeals for the Seventh Circuit · 2020
- In Re Lloyd's Register North America, Inc.Court of Appeals for the Fifth Circuit · 2015
- Mitek Systems, Inc. v. United Services Automobile AssociationCourt of Appeals for the Federal Circuit · 2022
170 more not listed; retrieve them via the Exa API.