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Civil Procedure Keyed to Friedenthal
Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas
Citation:
571 U.S. 49 (2013)Facts
Petitioner, a contractor, was sued by a subcontractor in federal district court in Texas. The parties’ subcontract contained a forum selection clause designating Virginia state court as the forum for litigation of disputes between the parties. Petitioner moved for dismissal or transfer of the lawsuit based on the forum selection clause because (1) the forum selection clause rendered venue in Texas federal court wrong under 28 USC 1406(a) and (2) improper under Federal Rule of Civil Procedure 12(b)(3). Alternatively, Petitioner sought to transfer the case to federal court in Virginia under 28 USC 1404(a). The district court denied Petitioner’s motions, and the Court of Appeals denied Petitioner’s petition for a writ of mandamus directing the district court to dismiss or transfer the suit. The Supreme Court granted certiorari.
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