ATLANTIC MARINE CONST. v. U.S. DIST. COURT

No. 12-929.

134 S.Ct. 568 (2013)

187 L.Ed.2d 487

ATLANTIC MARINE CONSTRUCTION COMPANY, INC., Petitioner v. UNITED STATES DISTRICT COURT FOR the WESTERN DISTRICT OF TEXAS et al.

Supreme Court of United States.

Decided December 3, 2013.


Attorney(s) appearing for the Case

William S. Hastings , Dallas, TX, for Petitioner.

William R. Allensworth , Austin, TX, for Respondents.

Michael L. Sterling , Vandeventer Black LLP, Norfolk, VA, W. Scott Hastings , Counsel of Record, Thomas F. Loose , Christopher M. Boeck , Locke Lord LLP, Dallas, TX, for Petitioner.

William R. Allensworth , Counsel of Record, Chad B. Simon , Joe R. Basham , Allensworth & Porter, LLP, Austin, TX, for Respondent.


Justice ALITO delivered the opinion of the Court.

The question in this case concerns the procedure that is available for a defendant in a civil case who seeks to enforce a forum-selection clause. We reject petitioner's argument that such a clause may be enforced by a motion to dismiss under 28 U.S.C. § 1406(a) or Rule 12(b)(3) of the Federal Rules of Civil Procedure. Instead, a forum-selection clause may be enforced by a motion to transfer under § 1404(a...

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