contractual choice-of-forum clause (Louisiana) · Go Syfert
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contractual choice-of-forum clause in Louisiana

6 Louisiana opinions name it 2 courts 1998–2012 0 in the last five years

The cases below were cited by Louisiana 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 (1)

CaseFollowedCited
Prado v. Sloman Neptun Schiffahrts, AGgreen
lactapp · 1992 · cited in 1 Louisiana opinions naming this issue, 2001–2001
1 sentence

2001However, "When the Bremen court used the terms unjust and unreasonable' it was not referring to [Prado's] desire to choose the forum of maximum recovery." Prado v. Sloman Neptun Schiffahrts, A.G., 611 So.2d 691, 703 (La.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (1)

CaseCitedYears
The Bremen v. Zapata Off-Shore Co. red
scotus · 1972
2 sentences

2012However, the clear language of LSA-R.S. 9:4201 provides an exception to arbitration clauses for “such grounds as exist at law or in equity for the revocation of any contract.” Furthermore, as stated by the United State Supreme Court in M/S Bremen v. Zapata Off-Shore Company, 407 U.S. 1, 15 , 92 S.Ct. 1907, 1916 , 32 L.Ed.2d 513 (1972), “A contractual choice-of-forum clause should be held unenforceable if enforcement would contravene a strong public policy of the forum in which suit is brought, whether declared by statute or by judicial decision.” 1 [4Counsel for IOS further argues that any “pu

2012However, the clear language of LSA-R.S. 9:4201 provides an exception to arbitration clauses for “such grounds as exist at law or in equity for the revocation of any contract.” Furthermore, as stated by the United State Supreme Court in M/S Bremen v. Zapata Off-Shore Company, 407 U.S. 1, 15 , 92 S.Ct. 1907, 1916 , 32 L.Ed.2d 513 (1972), “A contractual choice-of-forum clause should be held unenforceable if enforcement would contravene a strong public policy of the forum in which suit is brought, whether declared by statute or by judicial decision.” 1 [4Counsel for IOS further argues that any “pu

51998–2012

Statutes the citing opinions construe

USC § 28u.s.c.1333 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 6 (1998–2012) DE 5 (2010–2026) FL 3 (1986–2012) AK 3 (1980–2021)

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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