May 27th, 2020
US Court of Appeals for the Fifth Circuit Opinions
Sierra Frac Sand, LLC v. CDE Global Limited
Opinion Date: May 26, 2020
Judge: Leslie H. Southwick
Areas of Law: Civil Procedure
After plaintiff filed suit for fraud, misrepresentation, and breach of contract, defendant moved to dismiss under the doctrine of forum non conveniens based on a forum-selection clause found in a document external to, but incorporated into, the parties' contract. The Fifth Circuit affirmed the district court's enforcement of the forum-selection clause and dismissal of the complaint. The court held that the forum-selection clause was incorporated into the contract and is binding. In this case, all the forum non conveniens private-interest factors weigh in defendant's favor of litigating the case in Northern Ireland. Furthermore, there are no unusual circumstances that warrant retaining the litigation in Texas.
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