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11 Texas opinions name it 2 courts 2004–2024 1 in the last five years
The cases below were cited by Texas 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 |
|---|---|---|
Scherk v. Alberto-Culver Co.green2 sentences2024In resolving these disputes, courts are not only guided by federal law, but also by drawing analogies to arbitration case law, as such clauses are generally recognized as “a specialized kind of forum-selection clause.” Pinto Tech, 526 S.W.3d at 437 (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , (1974)); In re AIU Ins. 2019In resolving disputes, courts are not only guided by federal law, but also by drawing analogies to arbitration cases based on the recognition that clauses requiring arbitration are “a specialized kind of forum-selection clause.” Id. (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 (1974)); In re AIU Ins. | 5 | 9 |
In Re AIU Insurance Co.green2 sentences2017Co., 148 S.W.3d 109, 115 (Tex. 2004)); see also Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449, 2457 , 41 L.Ed.2d 270 (1974) (contractual agreement to arbitrate before a specified tribunal is, “in effect, a specialized kind of forum-selection clause”). 2014Co., 148 S.W.3d at 115 ; see also id. at 115 n. 28 (“ ‘An agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause ....’”) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974)); Deep Water Slender Wells, Ltd., 234 S.W.3d at 694 (“We see no reason that ... courts would not also apply arbitration law’s equitable theories for enforce *458 ment by a nonsignatory to non-arbitration forum-selection clauses.”). 2 II. | 4 | 4 |
Rodriguez De Quijas v. Shearson/American Express, Inc.green2 sentences2015While Pennzoil involves arbitration clauses, it is common for courts to refer to arbitration case law in forum-selection clause issues, and “the Supreme Court of the United States has stated that an arbitration agreement is a specialized kind of forum-selection clause.” See Rodriguez de Quijas v. Shearson/American Exp., Inc., 490 U.S. 477 , 482–83 (1989). 2007See Rodriguez de Quijas *694 v. Shearson/American Exp., Inc., 490 U.S. 477, 482-83 , 109 S.Ct. 1917, 1921 , 104 L.Ed.2d 526 (1989). | 1 | 2 |
In Re Golden Peanut Co., LLCgreen1 sentence2017Cf. In re Golden Peanut Co., 298 S.W.3d 629, 631 (Tex. 2009) (orig. proceeding) ("[A]rbitration clauses are, ‘in effect, a specialized kind of forum-selection clause.’ ” (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974))); In re Int’l Profit Assocs., Inc., 274 S.W.3d 672, 677 (Tex. 2009) (orig. proceeding) ("[W]e have drawn analogies between forum-selection clauses arid arbitration clauses.”). . | 1 | 1 |
In Re International Profit Associates, Inc.green1 sentence2017Cf. In re Golden Peanut Co., 298 S.W.3d 629, 631 (Tex. 2009) (orig. proceeding) ("[A]rbitration clauses are, ‘in effect, a specialized kind of forum-selection clause.’ ” (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974))); In re Int’l Profit Assocs., Inc., 274 S.W.3d 672, 677 (Tex. 2009) (orig. proceeding) ("[W]e have drawn analogies between forum-selection clauses arid arbitration clauses.”). . | 1 | 1 |
Deep Water Slender Wells, Ltd. v. Shell International Exploration & Production, Inc.green1 sentence2014Co., 148 S.W.3d at 115 ; see also id. at 115 n. 28 (“ ‘An agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause ....’”) (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974)); Deep Water Slender Wells, Ltd., 234 S.W.3d at 694 (“We see no reason that ... courts would not also apply arbitration law’s equitable theories for enforce *458 ment by a nonsignatory to non-arbitration forum-selection clauses.”). 2 II. | 1 | 1 |
Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.green2 sentences2009See also Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 628 , 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985) (stating that, “[b]y agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum”). 2009See also Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc., 473 U.S. 614, 628 , 105 S.Ct. 3346 , 87 L.Ed.2d 444 (1985) (stating that, “[b]y agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by the statute; it only submits to their resolution in an arbitral, rather than a judicial, forum”). | 1 | 1 |
L & L Kempwood Associates, L.P. v. Omega Builders, Inc.green1 sentence2004Edwards World Solutions Co., 87 S.W.3d 546, 551 (Tex.2002); In re L & L Kempwood Assoc., L.P., 9 S.W.3d 125, 128 (Tex.1999); In re La. | 1 | 1 |
Vimar Seguros Y Reaseguros, S. A. v. M/V Sky Reefergreen2 sentences2004"An agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause that posits not only the situs of suit but also the procedure to be used in resolving the dispute.” Scherk v. Alherto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974); see also Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 534 , 115 S.Ct. 2322 , 132 L.Ed.2d 462 (1995) (observing that arbitration provisions are a subset of forum-selection clauses). . 2004"An agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause that posits not only the situs of suit but also the procedure to be used in resolving the dispute.” Scherk v. Alherto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974); see also Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 534 , 115 S.Ct. 2322 , 132 L.Ed.2d 462 (1995) (observing that arbitration provisions are a subset of forum-selection clauses). . | 1 | 1 |
In Re J.D. Edwards World Solutions Co.green1 sentence2004Edwards World Solutions Co., 87 S.W.3d 546, 551 (Tex.2002); In re L & L Kempwood Assoc., L.P., 9 S.W.3d 125, 128 (Tex.1999); In re La. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pinto Technology Ventures, L.P. v. Sheldon
green
2 sentences2024In resolving these disputes, courts are not only guided by federal law, but also by drawing analogies to arbitration case law, as such clauses are generally recognized as “a specialized kind of forum-selection clause.” Pinto Tech, 526 S.W.3d at 437 (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , (1974)); In re AIU Ins. 2019In resolving disputes, courts are not only guided by federal law, but also by drawing analogies to arbitration cases based on the recognition that clauses requiring arbitration are “a specialized kind of forum-selection clause.” Id. (quoting Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 (1974)); In re AIU Ins. | 2 | 2019–2024 |
The Bremen v. Zapata Off-Shore Co.
red
2 sentences2004CODE art. 21.42. [27] 407 U.S. at 12 , 92 S.Ct. 1907 . [28] "An agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause that posits not only the situs of suit but also the procedure to be used in resolving the dispute." Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974); see also Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 534 , 115 S.Ct. 2322 , 132 L.Ed.2d 462 (1995) (observing that arbitration provisions are a subset of forum-selection clauses). [29] See, e.g., In re J.D. 2004CODE art. 21.42. [27] 407 U.S. at 12 , 92 S.Ct. 1907 . [28] "An agreement to arbitrate before a specified tribunal is, in effect, a specialized kind of forum-selection clause that posits not only the situs of suit but also the procedure to be used in resolving the dispute." Scherk v. Alberto-Culver Co., 417 U.S. 506, 519 , 94 S.Ct. 2449 , 41 L.Ed.2d 270 (1974); see also Vimar Seguros y Reaseguros, S.A. v. M/V Sky Reefer, 515 U.S. 528, 534 , 115 S.Ct. 2322 , 132 L.Ed.2d 462 (1995) (observing that arbitration provisions are a subset of forum-selection clauses). [29] See, e.g., In re J.D. | 1 | 2004–2004 |
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.