Legal Opinion
In Re McGraw-hill Global Educ. Holdings LLC
Court of Appeals for the Third Circuit
Decided November 21, 2018No. 17-2826; 17-3444PublishedCited by 232 opinions
1Opinion of the Court
SMITH, Chief Judge.
These consolidated mandamus petitions require us to decide whether two professional photographers bringing separate copyright infringement actions are bound by a forum selection clause in contracts they did not sign. We conclude that the photographers are not bound because they are not intended beneficiaries of the agreements, nor are they closely related parties. Our conclusion means that one District Court got it right, and the other got it wrong. But mandamus is an extraordinary remedy. Because the erring District Court's mistakes were not clear or indisputable, we…
2Cases cited56 opinions
- 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
- 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
- New Hampshire v. MaineSupreme Court of the United States · 2001
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3Cited by232 opinions
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