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LANGLEY v. PRUDENTIAL MORTG. CAPITAL CO., LLC

No. 08-5032.

546 F.3d 365 (2008)

Robert LANGLEY; Mountaineer Development Company, Ltd; Colony Crossing, LLC; Langley-Colonial, LLC, Plaintiffs-Appellees, v. PRUDENTIAL MORTGAGE CAPITAL COMPANY, LLC, Defendant-Appellant, National City Bank, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 27, 2008.

Attorney(s) appearing for the Case

ARGUED: William W. Allen, Gess, Mattingly & Atchison, Lexington, Kentucky, for Appellant. P. Douglas Barr, Stoll Keenon Ogden, Lexington, Kentucky, for Appellees. ON BRIEF: Steven M. Collins, Daniel F. Diffley, Grant T. Stein, Alston & Bird, Atlanta, Georgia, Barbara B. Edelman, David J. Treacy, Dinsmore & Shohl, Lexington, Kentucky, for Appellant. P. Douglas Barr, Robert M. Watt III, Shannon A. Singleton, Stoll Keenon Ogden, Lexington, Kentucky, for Appellees.

The court delivered a PER CURIAM opinion. MOORE, J.(pp. 369-71), delivered a separate concurring opinion. MERRITT, J. (pp. 371-73), delivered a separate dissenting opinion.

OPINION

PER CURIAM.1

I.

This case involves two sizeable real estate loans — one for $43 million, the other for $14 million — by Prudential, the lender, to Robert Langley, the borrower. The dispositive issue on appeal is whether two contracts, both of which included a forum selection clause choosing New York as the forum for litigation, should be enforced. The federal district court below determined that...

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