Skip to main content

It's About Time for a Good 11th Circuit Forum Non Opinion!



This one involves Judge Zloch, the beautiful country of Belize, the newly important significance of a forum-selection clause in conducting a forum non analysis, and sadly -- so sadly -- does not in any way involve Venetian Salami even tangentially:
Thus, a district court now must consider an enforceable forum-selection clause in the forum non conveniens analysis. A binding forum-selection clause requires the court to find that the forum non conveniens private factors entirely favor the selected forum. . . .

In this case, the district court dismissed for forum non conveniens without addressing the significance of the forum-selection clause. In the face of this recent high court ruling, we are obliged to vacate the forum non conveniens dismissal. See Atl. Marine, 134 S. Ct. at 581 (“The calculus changes . . . when the parties’ contract contains a valid forum-selection clause . . . .”); La Seguridad v. Transytur Line, 707 F.2d 1304, 1308 (11th Cir. 1983) (“[T]he court abuses its discretion when it fails to balance the relevant factors.”). We remand to allow the district court to determine in the first instance whether the forum-selection clause in the Master Lease Agreement is enforceable. If the forum-selection clause binds the Government, the district court must find that the forum non conveniens private factors unequivocally support the selected forum. See Atl. Marine, 134 S. Ct. at 582. The forum non conveniens analysis should then proceed, with the understanding that “[i]n all but the most unusual cases . . . ‘the interest of justice’ is served by holding parties to their bargain.” Id. at 583.
I like the bright-line nature of this ruling; now the parties can draft agreements reflecting the state of the law and include or not include such language accordingly.

Comments

  1. that picture is funny as shit. thanks for the laugh.

    ReplyDelete
  2. Zloch will try to remand

    ReplyDelete
  3. Zloch gonna Zloch

    ReplyDelete

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.