GLOBAL SEAFOOD INC. v. BANTRY BAY MUSSELS LTD.

Docket No. 08-1358-cv.

659 F.3d 221 (2011)

GLOBAL SEAFOOD INC., Plaintiff-Appellant, v. BANTRY BAY MUSSELS LTD., also known as Bantry Bay Seafoods, USA, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 20, 2011.


Attorney(s) appearing for the Case

John R. Horan , Fox Horan & Camerini LLP, New York, NY, for Plaintiff-Appellant.

David K. Jaffe , Brown Paindiris & Scott, LLP, Hartford, CT ( Sally A. Roberts , on the brief), for Defendant-Appellee.

Before: JOHN M. WALKER, JR., LEVAL, and HALL, Circuit Judges.


HALL, Circuit Judge:

The issue presented by this case requires us to determine whether the clause "[t]his Agreement is governed by Irish Law and the Irish Courts" is a permissive or mandatory forum selection clause. The United States District Court for the District of Connecticut (Droney, J.) held that the clause was mandatory and entitled to presumptive enforcement, and, therefore, dismissed the suit for improper venue. We disagree. We conclude that the forum...

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