Civil Procedure Keyed to Spencer
Atlantic Marine Construction Co. v. United States District Court
Atlantic Marine Construction Co. (Defendant) contracted to construct a child-development center. Defendant entered into a subcontract with J-Crew Management, Inc. (Plaintiff) for a portion of the work. The subcontract included a forum-selection clause designating either the circuit court in Norfolk, Virginia or the federal district court in Norfolk, Virginia as the forum for any disputes under the contract. Plaintiff sued Defendant in the Western District of Texas over a dispute about payment under the subcontract. Defendant moved to dismiss under 28 U.S.C. § 1406(a) and Federal Rule of Civil Procedure 12(b)(3) or, in the alternative, to transfer the case to the Eastern District of Virginia under 28 U.S.C. § 1404(a), based on the forum-selection clause. The district court denied the motions. Defendant appealed to the United States Court of Appeals for the Fifth Circuit, which affirmed. Defendant then sought review from the Supreme Court of the United States.
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