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Civil Procedure Keyed to Cross
Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas
Citation:
571 U.S. 49, 134 S. Ct. 568, 187 L. Ed. 2d 487 (2013)Facts
Atlantic Marine Construction Co., a Virginia corporation, entered into a contract with the U.S. Army Corps of Engineers to build a child development center at Fort Hood in Texas. Atlantic Marine then subcontracted with J-Crew Management, Inc., a Texas corporation, for part of the work. The subcontract included a forum-selection clause stating that all disputes “shall be litigated in the Circuit Court for the City of Norfolk, Virginia, or the United States District Court for the Eastern District of Virginia, Norfolk Division.” When a payment dispute arose, J-Crew filed suit against Atlantic Marine in the Western District of Texas, disregarding the forum-selection clause. Atlantic Marine moved to dismiss under 28 U.S.C. § 1406(a) and Federal Rule of Civil Procedure 12(b)(3), or alternatively, to transfer the case to the Eastern District of Virginia under 28 U.S.C. § 1404(a).
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