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Opinion
240 F. App'x 612 · Court of Appeals for the Fifth Circuit · Jan 5, 2007
N.D. Texas · May 13, 2024
W.D. Texas · May 13, 2024
W.D. Texas · Mar 15, 2024
D. Colorado · Aug 28, 2023
W.D. Texas · Aug 28, 2023
W.D. Louisiana · Jul 12, 2023
S.D. Texas · Jul 7, 2023
S.D. Texas · Jul 7, 2023
E.D. Louisiana · Jun 23, 2023
W.D. Texas · May 17, 2023
Parentheticals
holding that forum-selection clauses “should be enforced” unless enforcement would be unreasonable under the circumstances outlined in Haynsworth
enforcing forum-selection clause where tort claims at issue “arose from and grew out of” the existence of requirements in the contract
enforcing forum-selection clause where tort claims at issue “arose from and grew out of” the existence of requirements in the contract
Hebert v. Marathon Oil Company DO NOT DOCKET. CASE HAS BEEN TRANSFERRED OUT.
enforcing a forum-selection clause requires first assessing the clauses' contractual validity and its scope
enforcing a forum-selection clause requires first assessing the clauses' contractual validity and its scope
declining to follow Farmland as "it is inconsistent with our circuit's precedent that allegations of fraud in the inducement of a contract must relate specifically to the forum selection clause to render that clause unenforceable"
declining to follow Farmland as “it is inconsistent with our circuit’s precedent that allegations of fraud in the inducement of a contract must relate specifically to the forum selection clause to render that clause unenforceable”
The court "look[s] to the language of the parties' contract[ ] to determine which causes of action are governed by the forum selection clause."
“On a Rule 12(b)(3) motion to dismiss for improper venue, the court must accept as true all allegations in the complaint and resolve all conflicts in favor of the plaintiff.”
"[W]e look to the language of the parties’ contracts to determine which causes of action are governed by the forum selection clause.” (quoting Marinechance Shipping, Ltd. v. Sebastian, 143 F.3d 216, 222 (5th Cir. 1998) (internal quotations omitted))