Legal Opinion

Peter Weber v. Pact XPP Technologies, AG

Court of Appeals for the Fifth Circuit

Decided January 26, 2016No. 15-40432PublishedCited by 247 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

Peter Weber appeals a judgment of dismissal, without prejudice, based on forum non conveniens (“FNC”). The district court decided that the subject contract contained a valid and enforceable forum selection clause (“FSC”) requiring litigation in Germany. Because the FSC is mandatory and enforceable, and no overwhelming public interest requires retention in Texas, we affirm.

I

This is a complex, multi-forum dispute over compensation between a German company and its former chief executive officer (“CEO”). PACT XPP Technologies, AG (“PACT”), was a technology start-up…

2Cases cited29 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  4. Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.Supreme Court of the United States · 2013
  5. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972

24 more not listed; retrieve them via the Exa API.

3Cited by247 opinions

  1. Ina Collins v. Mary Kay IncCourt of Appeals for the Third Circuit · 2017
  2. Yei Sun v. Advanced China HealthcareCourt of Appeals for the Ninth Circuit · 2018
  3. Jonathan Barnett v. Dyncorp International, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  4. Bae Sys. Tech. Solution & Servs., Inc. v. Republic of Korea's Def. Acquisition Program Admin.Court of Appeals for the Fourth Circuit · 2018
  5. In Re: Kevin ClarkeCourt of Appeals for the Fifth Circuit · 2024

242 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API