imageA tough clause to beat

A little over two years ago, the Supreme Court held that judges must enforce forum-choice clauses in the absence of “extraordinary” reasons “unrelated to the convenience of the parties”. Atlantic Marine Construction Co., Inc. v. United States District  Court for the Western District of Texas, 134 S. Ct. 568, 580 (2013).

On the day that  the 9-0 Court handed down Atlantic MarineI wrote that it “will bring joy to firms that put [the] clauses in their contracts in hopes of making lawsuits too costly to pursue.”

Has the case borne out my forecast of joy?

Yes. Yes indeed.
Continue Reading The Value of Forum-Choice Clauses

The Seventh Circuit today upheld a forum non conveniens ruling.  The order under review sent a Bulgarian company's case against a Bulgarian bank and its American parent to Bulgaria.  Anecdotes about corruption in the Balkan state's courts didn't impress the panel, nor did Bulgaria's hefty filing fee, among other things that Their Honors found not enough to keep