Legal Opinion

Bentley v. Mutual Benefits Corp.

District Court, S.D. Mississippi

Decided September 13, 2002No. CIV. 4:02CV122LNPublishedCited by 19 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

TOM S. LEE, District Judge.

This cause is before the court on the motion of defendant Mutual Benefits Corporation, Inc. (Mutual) to dismiss due to the presence of a forum selection clause or, in the alternative, to transfer venue pursuant 28 U.S.C. § 1406(a). 1 The court, considering the memoranda and submissions of the parties, finds that the motion is not well taken and should be denied.

On April 5, 2002, Marion C. Bentley filed suit in Mississippi state court against Mutual and other defendants alleging several causes of action with regard to his contractual…

2Cases cited15 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
  3. Haynsworth v. the CorporationCourt of Appeals for the Fifth Circuit · 1997
  4. Pelleport Investors, Inc. v. Budco Quality Theatres, Inc.Court of Appeals for the Ninth Circuit · 1984
  5. Hunt Wesson Foods, Inc. v. Supreme Oil CompanyCourt of Appeals for the Ninth Circuit · 1987

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3Cited by19 opinions

  1. Titan Indemnity Co. v. HoodMississippi Supreme Court · 2004
  2. Southeastern Consulting Group, Inc. v. Maximus, Inc.District Court, S.D. Mississippi · 2005
  3. ASAP Auto Group, LLC v. Marina Dodge, Inc.District Court, S.D. Mississippi · 2014
  4. Stanley Smith Drywall, Inc. v. Munlake Contractors, Inc.District Court, S.D. Mississippi · 2011
  5. Fair v. Lighthouse Carwash Systems, LLCCourt of Appeals of Mississippi · 2007

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