Legal Opinion

Preferred Capital, Inc. v. Associates in Urology

Court of Appeals for the Sixth Circuit

Decided July 12, 2006No. 05-3584PublishedCited by 97 opinions

1Opinion of the Court

OPINION

CLAY, Circuit Judge.

Plaintiff, Preferred Capital, Inc., appeals the district court Order granting Defendant, Associates in Urology’s Fed.R.Civ.P. 12(b)(2) motion to dismiss for lack of jurisdiction. The district court found that the forum selection clause in the contract between Defendant and Plaintiff, whose interest was assigned to Plaintiff by non-party NorVergence, was unenforceable for being unjust. For the reasons set forth below, we hold that the district court improperly found the forum selection clause to be invalid, and erred in granting Defendant’s motion to dismiss. We…

2Cases cited10 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  3. Compuserve, Incorporated v. Richard S. Patterson, Individually, and Flashpoint DevelopmentCourt of Appeals for the Sixth Circuit · 1996
  4. Lisa Dean v. Motel 6 Operating L.P. Motel 6 G.P., Inc. Accor North America Corporation and Accor S.A.Court of Appeals for the Sixth Circuit · 1998
  5. Nationwide Mutual Insurance Company v. Tryg International Insurance Company, Ltd.Court of Appeals for the Sixth Circuit · 1996

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3Cited by97 opinions

  1. Wong v. PartyGaming Ltd.Court of Appeals for the Sixth Circuit · 2009
  2. Lakeside Surfaces, Inc. v. Cambria Co., LLCCourt of Appeals for the Sixth Circuit · 2021
  3. Rucker v. Oasis Legal Finance, L.L.CCourt of Appeals for the Eleventh Circuit · 2011
  4. Firexo, Inc. v. Firexo Group LimitedCourt of Appeals for the Sixth Circuit · 2024
  5. Stryker Corporation v. Christopher RidgewayCourt of Appeals for the Sixth Circuit · 2017

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