6 Rhode Island opinions name it 2 courts 1998–2016 0 in the last five years
The cases below were cited by Rhode Island 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 |
|---|---|---|
American Biophysics Corp. v. Dubois Marine Specialtiesgreen1 sentence2011A party may waive his or her right to a personal-jurisdiction challenge “by entering into a contract that contains a forum selection clause.” American Biophysics Corp. v. Dubois Marine Specialties, 411 F.Supp.2d 61, 62 (D.R.I.2006) (citing Microfibres Inc. v. McDevitt-Askew, 20 F.Supp.2d 316 (D.R.I.1998)); Csee also National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311, 316 , 84 S.Ct. 411 , 11 L.Ed.2d 354 (1964)) (“parties to a contract may agree in advance to submit to the jurisdiction of a given court”). | 1 | 1 |
United States Steel Corp. v. Turner Construction Co.green2 sentences2004In United States Steel Corp. v. Turner Construction Co., 560 F.Supp. 871, 873 (S.D.N.Y.1983), the contract in question contained incorporation and flow-down provisions that were both similar to and different from the ones at issue here. 3 In that case, the court deter *262 mined that a forum-selection clause in the general contract did not bind the subcontractor in an action against the general contractor. 2004The court held “[t]here is no forum selection clause in the subcontract and * * * the incorporation by reference of the conditions of the prime contract does not * * * extend beyond the scope, quality, character and manner of performance of the subcontracted work.” Id. at 874 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
D'Antuono v. CCH Computax Systems, Inc.
green
2 sentences2004D'Antuono v. CCH Computax Systems, Inc., 570 F. Supp. 708 , 712 (D.R.I. 1983). 2004D'Antuono, 570 F. Supp. at 711-712 . | 2 | 1998–2004 |
Sidell v. Sidell
green
1 sentence2016Id. at 508 . | 1 | 2016–2016 |
National Equipment Rental, Ltd. v. Szukhent
green
2 sentences2011A party may waive his or her right to a personal-jurisdiction challenge “by entering into a contract that contains a forum selection clause.” American Biophysics Corp. v. Dubois Marine Specialties, 411 F.Supp.2d 61, 62 (D.R.I.2006) (citing Microfibres Inc. v. McDevitt-Askew, 20 F.Supp.2d 316 (D.R.I.1998)); Csee also National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311, 316 , 84 S.Ct. 411 , 11 L.Ed.2d 354 (1964)) (“parties to a contract may agree in advance to submit to the jurisdiction of a given court”). 2011A party may waive his or her right to a personal-jurisdiction challenge “by entering into a contract that contains a forum selection clause.” American Biophysics Corp. v. Dubois Marine Specialties, 411 F.Supp.2d 61, 62 (D.R.I.2006) (citing Microfibres Inc. v. McDevitt-Askew, 20 F.Supp.2d 316 (D.R.I.1998)); Csee also National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311, 316 , 84 S.Ct. 411 , 11 L.Ed.2d 354 (1964)) (“parties to a contract may agree in advance to submit to the jurisdiction of a given court”). | 1 | 2011–2011 |
Microfibres, Inc. v. McDevitt-Askew
green
1 sentence2011A party may waive his or her right to a personal-jurisdiction challenge “by entering into a contract that contains a forum selection clause.” American Biophysics Corp. v. Dubois Marine Specialties, 411 F.Supp.2d 61, 62 (D.R.I.2006) (citing Microfibres Inc. v. McDevitt-Askew, 20 F.Supp.2d 316 (D.R.I.1998)); Csee also National Equipment Rental, Ltd. v. Szukhent, 375 U.S. 311, 316 , 84 S.Ct. 411 , 11 L.Ed.2d 354 (1964)) (“parties to a contract may agree in advance to submit to the jurisdiction of a given court”). | 1 | 2011–2011 |
Rhode Island Depositors Economic Protection Corp. v. Coffey & Martinelli, Ltd.
green
1 sentence2004General principles of contract law require that "unless the terms of a written contract are ambiguous, it should be interpreted as a matter of law in accordance with its plain terms." Rhode Island Depositors Economic Protection Corp. v. Coffey and Martinelli, Ltd., 821 A.2d 222 , 226 (2003) (citing Clark-Fitzpatrick, Inc./Franki Foundation Co. v. Gill, 652 A.2d 440 , 443 (R.I. 1994)). | 1 | 2004–2004 |
Tateosian v. Celebrity Cruise Services, Ltd.
green
1 sentence2004Zapata, 407 U.S. at 17 ; Tateosian, 768 A.2d at 1250 . | 1 | 2004–2004 |
Clark-Fitzpatrick, Inc./Franki Foundation Co. v. Gill
green
1 sentence2004General principles of contract law require that "unless the terms of a written contract are ambiguous, it should be interpreted as a matter of law in accordance with its plain terms." Rhode Island Depositors Economic Protection Corp. v. Coffey and Martinelli, Ltd., 821 A.2d 222 , 226 (2003) (citing Clark-Fitzpatrick, Inc./Franki Foundation Co. v. Gill, 652 A.2d 440 , 443 (R.I. 1994)). | 1 | 2004–2004 |
The Bremen v. Zapata Off-Shore Co.
red
1 sentence2004Zapata, 407 U.S. at 17 ; Tateosian, 768 A.2d at 1250 . | 1 | 2004–2004 |
Schaff v. Sun Line Cruises, Inc.
green
2 sentences2001The plaintiffs argued that such a substantial financial penalty rendered the forum selection clause unenforceable, citing Stobaugh v. Norwegian Cruise Line Limited, 5 S.W.3d 232 (Tex.Ct.App.1999) (holding that forum selection clause did not pass test of fundamental fairness when it was imposed after payment for passage) and Schaff v. Sun Line Cruises, Inc., 999 F.Supp. 924 (S.D.Tex.1998) (holding that applying the forum selection clause was fundamentally unfair because passenger’s cancellation would have forfeited entire ticket price upon receipt). 2001Id. | 1 | 2001–2001 |
Stobaugh v. Norwegian Cruise Line Ltd.
green
2 sentences2001The plaintiffs argued that such a substantial financial penalty rendered the forum selection clause unenforceable, citing Stobaugh v. Norwegian Cruise Line Limited, 5 S.W.3d 232 (Tex.Ct.App.1999) (holding that forum selection clause did not pass test of fundamental fairness when it was imposed after payment for passage) and Schaff v. Sun Line Cruises, Inc., 999 F.Supp. 924 (S.D.Tex.1998) (holding that applying the forum selection clause was fundamentally unfair because passenger’s cancellation would have forfeited entire ticket price upon receipt). 2001Stobaugh, 5 S.W.3d at 233 . | 1 | 2001–2001 |
Moretti & Perlow Law Offices v. Aleet Associates
green
1 sentence1998Aleet Associates, 668 F. Supp. 103 , 107 (D.R.I. 1987), where plaintiff was resisting his complaint being transferred from Rhode Island to New York under a forum selection clause in the agreement the court observed, "[W]ith respect to overweening bargaining power (plaintiff) is an experienced Rhode Island attorney well-versed in the rudiments of contract law. | 1 | 1998–1998 |
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.