Kerobo v. Southwestern Clean Fuels, Corp.
Court of Appeals for the Sixth Circuit
1Opinion of the CourtBatchelder, J., joined by Moore, J.,
BERTELSMAN, D.J. (pp. 539-544), delivered a separate dissenting opinion.
OPINION
BATCHELDER, Circuit Judge.
This appeal arises from the district court’s enforcement of a forum-selection clause and grant of the defendants’ motion for dismissal for improper venue pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure. We conclude venue was not improper, and we therefore hold that the district court erred in granting the motion. Because, as we shall explain, we conclude that this case is governed by Stewart Org., Inc. v. Ricoh Corp., 487 U.S. 22, 108 S.Ct. 2239, 101 L.Ed.2d 22 (1988), we…
2Cases cited17 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
- Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
- Van Dusen v. BarrackSupreme Court of the United States · 1964
- Hanna v. PlumerSupreme Court of the United States · 1965
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- Outek Caribbean Distributors, Inc. v. Echo, Inc.District Court, D. Puerto Rico · 2002
- Three M Enterprises, Inc. v. Texas D.A.R. Enterprises, Inc.District Court, D. Maryland · 2005
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