In Re Atlantic Marine Construction Co.
Court of Appeals for the Fifth Circuit
1Concurrence
HAYNES, Circuit Judge,
specially concurring:
In light of the majority opinion, I cannot credibly contend that the right to the writ is “clear and indisputable” as required for mandamus relief. See In re Volkswagen of Am., Inc., 545 F.3d 304, 310 (5th Cir.2008) (en banc). Thus, I concur in the majority opinion’s holding.
I. The District Court Erred
I submit, however, that the district court erred in its ruling and approach. I also respectfully diverge from the analysis of the majority opinion. Plainly stated, the Supreme Court has made clear that forum-selection clauses are enforceable. M/S *744Bremen…
2Cases cited19 opinions
- 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
- In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
- Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991
- George Jumara and Evangelina Jumara, H/w v. State Farm Insurance CompanyCourt of Appeals for the Third Circuit · 1995
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