Abstract: On March 8, 2011, the U.S. Court of Appeals for the Eleventh Circuit held in Slater v. Energy Services Group International, Inc. that Rule 12(b)(3) governs motions to dismiss under a forum selection clause, whereas 28 U.S.C. § 1404(a) governs motions to transfer under a forum selection clause. In doing so, the Eleventh Circuit further weighed in on the disagreement among the circuit courts of appeal over the proper mechanism to enforce a forum selection clause through dismissal. This Comment argues that although the Eleventh Circuit’s holding in Slater is inconsistent with the Supreme Court’s holding in Stewart Organization, Inc. v. Ricoh Corp., the holding furthers sentiments implicit in the Supreme Court’s holding and furthers principles behind forum selection clauses more broadly.
BCLR Releases Vol. LV No. 3
The Boston College Law Review is pleased to publish the May 2014 issue. Here are summaries of this issue’s Articles and Notes: […]
Volume LVI Board of Editors Announced
We are pleased to announce the Board of Editors for the 2014-2015 academic year: Volume 56 Board of Editors […]
BCLR Releases Vol. LV No. 2
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