contractual forum selection clause (Massachusetts) · Go Syfert
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contractual forum selection clause in Massachusetts

5 Massachusetts opinions name it 3 courts 1991–2025 1 in the last five years

The cases below were cited by Massachusetts courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Marram v. Kobrick Offshore Fund, Ltd.green
mass · 2004 · cited in 1 Massachusetts opinions naming this issue, 2014–2014
1 sentence

2014Group, LLC, 685 F. Supp. 2d at 244 , the United States District Court for the District of Massachusetts refused to nullify a contractual forum selection clause on public policy grounds because, “[w]hile the [.Marram 7] opinion does reflect the Massachusetts public policy of protecting investors, that policy is not implicated by forcing Huffing-ton to litigate in Delaware.” By contrast, in this case, the parties’ indemnification clause, which holds the plaintiff liable if it loses its securities claim, does implicate the public policy of protecting investors.

11
Intergen N v. v. Grinagreen
ca1 · 2003 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013“One situation where a non-party may invoke a contractual forum selection clause, or it can be invoked against the non-party, is where the non-party is a third-party beneficiary of the contract.” BNY AIS Nominees Ltd. v. Quan, supra. “[A] benefitting third party is not necessarily a third-party beneficiary.” Intergen N.V. v. Grina, 344 F.3d 134, 147 (1st Cir. 2003) (refusing to bind third party to arbitration clause because third party was not third-party beneficiary of contract).

11
Doherty v. Admiral's Flagship Condominium Trustgreen
massappct · 2011 · cited in 1 Massachusetts opinions naming this issue, 2013–2013
1 sentence

2013“Under Massachusetts law, a contract does not confer third-party beneficiary status unless the ‘language and circumstance of the contract’ show that the parties to the contract ‘clear[ly] and definitely]’ intended the beneficiary to benefit from the promised performance.” Doherty v. Admiral’s Flagship Condominium Trust, 80 Mass. App. Ct. 104, 111 (2011), quoting from Cumis Ins.

11
Leasefirst v. Decot Bros.green
massdistctapp · 1990 · cited in 1 Massachusetts opinions naming this issue, 1994–1994
1 sentence

1994See Leasefirst v. Decot Bros., Inc., 1990 Mass. App. Div. 177 .

11
Burger King Corp. v. Rudzewiczgreen
scotus · 1985 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
1 sentence

1991Burger King, supra, at 472 , 105 S. Ct. at 2182, n.14 .

11
Samincorp South American Minerals & Merchandise Corp. v. Lewisgreen
mass · 1958 · cited in 1 Massachusetts opinions naming this issue, 1991–1991
1 sentence

1991Corp. v. Lewis, 337 Mass. 298, 301 (1958), and such consent, set forth in a contractual forum selection clause, may constitute &e sole basis for the court’s exercise of personal jurisdiction over the parties.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Massachusetts. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
BNY AIS NOMINEES LTD. v. Quan green
ctd · 2009
2 sentences

2025Relying on that law, the Appeals Court stated that, “[o]ne situation where a non-party may invoke a contractual forum selection clause, or it can be invoked against the non-party, is where the non- party is a third-party beneficiary of the contract.” Id. at 578, quoting, BNY AIS Nominees Ltd., 609 F. Supp. 2d at 275 .

2013“One situation where a non-party may invoke a contractual forum selection clause, or it can be invoked against the non-party, is where the non-party is a third-party beneficiary of the contract.” BNY AIS Nominees Ltd. v. Quan, supra. “[A] benefitting third party is not necessarily a third-party beneficiary.” Intergen N.V. v. Grina, 344 F.3d 134, 147 (1st Cir. 2003) (refusing to bind third party to arbitration clause because third party was not third-party beneficiary of contract).

22013–2025
Huffington v. T.C. Group, LLC green
mad · 2010
1 sentence

2014Group, LLC, 685 F. Supp. 2d at 244 , the United States District Court for the District of Massachusetts refused to nullify a contractual forum selection clause on public policy grounds because, “[w]hile the [.Marram 7] opinion does reflect the Massachusetts public policy of protecting investors, that policy is not implicated by forcing Huffing-ton to litigate in Delaware.” By contrast, in this case, the parties’ indemnification clause, which holds the plaintiff liable if it loses its securities claim, does implicate the public policy of protecting investors.

12014–2014
Nute v. Hamilton Mutual Insurance green
mass · 1856
1 sentence

1994Co., 72 Mass. 174 (1856), bars the enforcement of a foreign judgment when the jurisdiction of the foreign tribunal was based on a contractual forum selection clause.

11994–1994

Where else courts name it

NY 53 (1983–2026) CA 34 (1996–2026) TX 26 (1996–2025) FL 10 (1992–2024) NC 9 (1992–2019) MI 7 (1997–2026) MA 5 (1991–2025) DE 5 (2011–2026) GA 3 (2012–2020) NM 3 (2004–2024) LA 3 (1995–2019) MN 3 (1982–1990) KS 2 (1992–1994) ND 2 (2001–2001)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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