Topic: the administrative difficulties flowing from court congesti… · Go Syfert
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Topic #623

11 canonical passages across 6 cases, quoted by 352 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex..

#Case FlagCanonical passage Citers
1 Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex. Anchor
scotus · 2013
green “the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; and the interest in having the trial of a diversity case in a forum that is at home with the law.” 71
2 Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.
scotus · 2013
green “when parties agree to a forum-selection clause, they waive the right to challenge the preselected forum as inconvenient or less convenient for themselves or their witnesses, or for their pursuit of the litigation.” 70
3 Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.
scotus · 2013
green “a valid forum-selection clause should be given controlling weight in all but the most exceptional cases.” 57
4 Piper Aircraft Co. v. Reyno
scotus · 1982
green “the administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; and the interest in having the trial of a diversity case in a forum that is at home with the law.” 52
5 Piper Aircraft Co. v. Reyno
scotus · 1982
green “local interest in having localized controversies decided at home” 39
6 Krenkel v. Kerzner International Hotels Ltd.
ca11 · 2009
green “forum-selection clauses are presumptively valid and enforceable unless the plaintiff makes a 'strong showing' that enforcement would be unfair or unreasonable under the circumstances.” 23
7 Krenkel v. Kerzner International Hotels Ltd.
ca11 · 2009
green “(1) its formation was induced by fraud or overreaching; (2) the plaintiff would be deprived of its day in court because of inconvenience or unfairness; (3) the chosen law would deprive the plaintiff of a remedy; or (4) enforcement of the clause would contravene public policy.” 13
8 Continental Grain Co. v. Barge FBL-585
scotus · 1960
green “for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 9
9 Bahamas Sales Associate, LLC v. Donald Cameron Byers
ca11 · 2012
green “to determine if a claim falls within the scope of a clause, we look to the language of the clause.” 9
10 GDG Acquisitions, LLC v. Government of Belize
ca11 · 2014
green “to obtain dismissal for forum non conveniens, 'the moving party must demonstrate that (1) an adequate alternative forum is available, (2) the public and private factors weigh in favor of dismissal, and (3) the plaintiff can reinstate his suit in the alternative forum without und…” 5
11 GDG Acquisitions, LLC v. Government of Belize
ca11 · 2014
green “(1) an adequate alternative forum is available, (2) the public and private factors weigh in favor of dismissal, and (3) the plaintiff can reinstate his suit in the alternative forum without undue inconvenience or prejudice.” 4

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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