Legal Opinion
Kelvion, Inc. v. PetroChina Canada Ltd.
Court of Appeals for the Tenth Circuit
Decided March 15, 2019No. 17-5097PublishedCited by 59 opinions
1Opinion of the Court
TYMKOVICH, Chief Judge.
PetroChina Canada bought ten large heat-exchanger units from Kelvion's Oklahoma plant for use in PetroChina's oil and gas operations. Their contract included a mandatory forum-selection clause subjecting the parties to Canadian jurisdiction. After a dispute over unanticipated delivery costs that PetroChina refused to pay, Kelvion brought suit in Oklahoma. It asserted quantum meruit and unjust enrichment claims, arguing the forum-selection clause did not apply to its equitable claims.
The district court disagreed, concluding the forum-selection clause applied, and…
2Cases cited23 opinions
- Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
- Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
- Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
- Phillips v. Audio Active Ltd.Court of Appeals for the Second Circuit · 2007
- Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.Court of Appeals for the Third Circuit · 1983
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3Cited by59 opinions
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