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11 Mississippi opinions name it 2 courts 1999–2023 2 in the last five years
The cases below were cited by Mississippi 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.
| Case | Followed | Cited |
|---|---|---|
Titan Indemnity Co. v. Hoodgreen2 sentences2023Co. v. Hood, 895 So. 2d 138, 151 (Miss. 2004) (finding that a forum-selection clause, by its language, established personal jurisdiction and venue in Texas). 2017A court faced with a motion to dismiss based on a forum selection clause should first examine the language of the clause “to determine whether the clause is mandatory or permissive.” Id. at 145-46 (¶31). | 6 | 7 |
Tel-Com Mgmt., Inc. v. Waveland Resort Inns, Inc.green2 sentences2017Inc. v. Waveland Resort Inns Inc., 782 So. 2d 149, 151-52 (¶7) (Miss. 2001); Barnett v. DynCorp Int’l L.L.C., 831 F.3d 296, 304 (5th Cir. 2016); 12 party resisting the forum-selection clause must bear the burden of proof to show that the enforcement is unreasonable. 2006If Waveland found the terms of the forum selection clause objectionable, it had ample time to object and negotiate for more favorable terms. 782 So.2d at 152-53 (emphasis added). ¶ 17. | 3 | 5 |
cluster 11686green2 sentences2004Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir.1997). 2001Mitsui & Co. (USA), Inc. v. Mira M/V, 111 F.3d 33, 35 (5th Cir. 1997). | 2 | 2 |
Hicks v. Bridgesgreen2 sentences2001As Tel-Com states, "if that were the law, no clause in a written contract would be enforceable unless specifically discussed." We agree with the reasoning of Tel-Com as this idea is affirmed in Hicks v. Bridges, 580 So.2d 743, 746 (Miss. 1991). 1999As Tel-Com states, "if that were the law, no clause in a written contract would be enforceable unless specifically discussed." We agree with the reasoning of Tel-Com as this idea is affirmed in Hicks v. Bridges, 580 So. 2d 743, 746 (Miss. 1991). | 2 | 2 |
cluster 12698green2 sentences2017Thus, “[f]raud and overreaching must be specific to a forum selection clause in order to invalidate it.” Haynsworth v. The Corp., 121 F.3d 956, 963 (5th Cir. 1997). 2017Thus, “[fjraud and overreaching must be specific to a forum selection clause in order to invalidate it.” Haynsworth v. The Corp., 121 F.3d 956, 963 (5th Cir. 1997). | 1 | 1 |
Salts v. Gulf Nat. Life Ins. Co.green2 sentences2017See Salts v. Gulf Nat’l Life Ins., 743 So. 2d 371, 375 (¶14) (Miss. 1999); Pisharodi v. Golden Triangle Reg’l Med. 2017See Salts v. Gulf Nat’l Life Ins., 743 So.2d 371, 375 (¶ 14) (Miss. 1999); Pisharodi v. Golden Triangle Reg’l Med. | 1 | 1 |
Jonathan Barnett v. Dyncorp International, L.L.C.green2 sentences2017Inc. v. Waveland Resort Inns Inc., 782 So. 2d 149, 151-52 (¶7) (Miss. 2001); Barnett v. DynCorp Int’l L.L.C., 831 F.3d 296, 304 (5th Cir. 2016); 12 party resisting the forum-selection clause must bear the burden of proof to show that the enforcement is unreasonable. 2017Id. | 1 | 1 |
Slater-Moore v. Goeldnergreen2 sentences2017We must also acknowledge that, “[u]nder Mississippi law, a contracting party is under a legal obligation to read a contract before signing it and will be charged with knowing the contract’s contents.” Slater-Moore v. Goeldner, 113 So. 3d 521, 529 (¶25) (Miss. 2013) (internal quotation marks omitted). 2017We must also acknowledge that, “[u]nder Mississippi law, a contracting party is under a legal obligation to read a contract before signing it and will be charged with knowing the contract’s contents.” Slater-Moore v. Goeldner, 113 So.3d 521, 529 (¶ 25) (Miss. 2013) (internal quotation marks omitted). | 1 | 1 |
Song Fi, Inc. v. Google, Inc.green2 sentences2017Feb. 1, 2016) (“[E]ven if traveling to Alabama would impose a ‘substantial financial burden’ on [the] plaintiff, that result—though unfortunate—would not be ‘so outrageously unfair as to shock the judicial conscience.’”); Song fi Inc. v. Google Inc., 72 F. Supp. 3d 53, 63-64 (D.D.C. 2014) (holding a forum-selection clause was valid and that travel to California from all over the world to litigate disputes was not substantively unconscionable so as to preclude enforcement of the forum-selection clause; such a clause was necessary to manage litigation expenses). 2017Feb. 1, 2016) (“[E]ven if traveling to Alabama would impose a ‘substantial financial burden’ on [the] plaintiff, that result—though unfortunate—would not be ‘so outrageously unfair as to shock the judicial conscience.’”); Song fi Inc. v. Google Inc., 72 F.Supp.3d 53, 63-64 (D.D.C. 2014) (holding a forum-selection clause was valid and that travel to California from all over the world to litigate disputes was not substantively unconscionable so as to preclude enforcement of the forum-selection clause; such a clause was necessary to manage litigation expenses). | 1 | 1 |
Long Beach Auto Auction v. United SEC.green1 sentence2007Alliance, Inc., 936 So.2d 351, 355-56 (¶¶ 12-18) (Miss.2006). | 1 | 1 |
City of New Orleans v. Municipal Administrative Services, Inc.green1 sentence2007City of New Orleans, 376 F.3d 501 at 504 (5th Cir.2004) (citing Keaty v. Freeport Indonesia, Inc., 503 F.2d 955 (5th Cir.1974)). ¶ 15. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Mississippi. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
The Bremen v. Zapata Off-Shore Co.
red
2 sentences2004The Zapata Court stated that a forum selection clause "should control absent a strong showing that it should be set aside." Zapata, 92 S.Ct. at 1916 . 2001The Zapata Court stated that a forum selection clause “should control absent a strong showing that it should be set aside.” Zapata, 92 S.Ct. at 1916 . | 3 | 2001–2023 |
Coastal Steel Corp. v. Tilghman Wheelabrator Ltd.
green
2 sentences2004(See TAAG Linhas Aereas de Angola v. Transamerica, Inc., (9th Cir.1990) 915 F.2d 1351, 1354 , Manetti-Farrow, Inc. v. Gucci America, Inc., supra., 858 F.2d at 514 fn. 5; Coastal Steel v. Tilghman Wheelabrator Ltd. (3d Cir.1983) 709 F.2d 190, 203 ). 2001(See TAAG Linhas Aereas de Angola v. Transamerica, Inc., (9th Cir. 1990) 915 F.2d 1351, 1354 , Manetti-Farrow, Inc. v. Gucci America, Inc., supra., 858 F.2d at 514 fn. 5; Coastal Steel v. Tilghman Wheelabrator Ltd. (3d Cir. 1983) 709 F.2d 190, 203 . | 2 | 2001–2004 |
Manetti-Farrow, Inc. v. Gucci America, Inc.
green
2 sentences2004(See TAAG Linhas Aereas de Angola v. Transamerica, Inc., (9th Cir.1990) 915 F.2d 1351, 1354 , Manetti-Farrow, Inc. v. Gucci America, Inc., supra., 858 F.2d at 514 fn. 5; Coastal Steel v. Tilghman Wheelabrator Ltd. (3d Cir.1983) 709 F.2d 190, 203 ). 2001(See TAAG Linhas Aereas de Angola v. Transamerica, Inc., (9th Cir. 1990) 915 F.2d 1351, 1354 , Manetti-Farrow, Inc. v. Gucci America, Inc., supra., 858 F.2d at 514 fn. 5; Coastal Steel v. Tilghman Wheelabrator Ltd. (3d Cir. 1983) 709 F.2d 190, 203 . | 2 | 2001–2004 |
Taag Linhas Aereas De Angola v. Transamerica Airlines, Inc., Transamerica Corporation, H.K. Howard, William Maier, Joseph Murphy, Eric J. Korth
green
2 sentences2004(See TAAG Linhas Aereas de Angola v. Transamerica, Inc., (9th Cir.1990) 915 F.2d 1351, 1354 , Manetti-Farrow, Inc. v. Gucci America, Inc., supra., 858 F.2d at 514 fn. 5; Coastal Steel v. Tilghman Wheelabrator Ltd. (3d Cir.1983) 709 F.2d 190, 203 ). 2001(See TAAG Linhas Aereas de Angola v. Transamerica, Inc., (9th Cir. 1990) 915 F.2d 1351, 1354 , Manetti-Farrow, Inc. v. Gucci America, Inc., supra., 858 F.2d at 514 fn. 5; Coastal Steel v. Tilghman Wheelabrator Ltd. (3d Cir. 1983) 709 F.2d 190, 203 . | 2 | 2001–2004 |
cluster 6976
green
2 sentences2001Id. at 14 . 1999Id. at 14 . | 2 | 1999–2001 |
Calahan v. Haspel
neutral
2 sentences2001Waveland asserts the forum selection clause in the present case should not be enforced because it violates Louisiana public policy in that it conflicts with a Louisiana case, Calahan v. Haspel, 732 So.2d 796 (La.Ct.App.1999). ¶ 22. 1999Waveland asserts the forum selection clause in the present case should not be enforced because it violates Louisiana public policy in that it conflicts with a Louisiana case, Calahan v. Haspel, 732 So. 2d 796 (La. | 2 | 1999–2001 |
Fair v. Lighthouse Carwash Systems, LLC
green
1 sentence2023The forum selection clause in Fair stated, in relevant part, that the parties “irrevocably consent to the jurisdiction and venue of the courts of the State of Indiana, Johnson County, and the United States District Court for the Southern District of the State of Indiana with respect to any and all actions related to this Agreement or the enforcement hereof . . . .” Id. at 62 . | 1 | 2023–2023 |
U.S. Bancorp v. Brennan McMullan
green
1 sentence2023US Bancorp, 183 So. 3d at 835 . ¶16. | 1 | 2023–2023 |
cluster 321901
green
1 sentence2007City of New Orleans, 376 F.3d 501 at 504 (5th Cir.2004) (citing Keaty v. Freeport Indonesia, Inc., 503 F.2d 955 (5th Cir.1974)). ¶ 15. | 1 | 2007–2007 |
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.