Welcome to the first Commercial Roundup in 2024–and Happy New Year.
Commercial Roundup – January 10, 2024
The Value of Forum-Choice Clauses
A 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 Marine, I 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
Forum-Choice Clause in Contract Trumps Local Interest in Cases, Supreme Court Holds
A contract dispute over building a child-development center at Fort Hood, in central Texas, today spawned a ruling that will bring joy to firms that put forum-choice clauses in their contracts in hopes of making lawsuits too costly to pursue.
The agreement between Atlantic Marine Construction Company and J-Crew Management, Inc., stated that all disputes between the