Opinion · Court of Appeals for the Fifth Circuit
United States v. Leon-Garcia
United States v. Leon-Garcia, 240 F. App'x 612 (5th Cir. 2007)
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 2007-01-05
- Topic
- general
holding that forum-selection clauses “should be enforced” unless enforcement would be unreasonable under the circumstances outlined in Haynsworth | enforcing forum-selection clause where tort claims at issue “arose from and grew out of” the existence of requirements in the contract | enforcing forum-selection clause where tort claims at issue “arose from and grew out of” the existence of requirements in the contract | enforcing a forum-selection clause requires first assessing the clauses' contractual validity and its scope | enforcing a forum-selection clause requires first assessing the clauses' contractual validity and its scope | declining to follow Farmland as "it is inconsistent with our circuit's precedent that allegations of fraud in the inducement of a contract must relate specifically to the forum selection clause to render that clause unenforceable" | declining to follow Farmland as “it is inconsistent with our circuit’s precedent that allegations of fraud in the inducement of a contract must relate specifically to the forum selection clause to render that clause unenforceable” | The court "look[s] to the language of the parties' contract[ ] to determine which causes of action are governed by the forum selection clause." | “On a Rule 12(b)(3) motion to dismiss for improper venue, the court must accept as true all allegations in the complaint and resolve all conflicts in favor of the plaintiff.” | "[W]e look to the language of the parties’ contracts to determine which causes of action are governed by the forum selection clause.” (quoting Marinechance Shipping, Ltd. v. Sebastian, 143 F.3d 216, 222 (5th Cir. 1998) (internal quotations omitted))
Citator
- Cited by
- 54 opinions
IT IS ORDERED that appellant’s unopposed motion to vacate sentence is GRANTED. IT IS FURTHER ORDERED that appellant’s unopposed motion to remand the case to district court for resentencing in light of Lopez v. Gonzales, - U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006) is GRANTED. IT IS FURTHER ORDERED that appellant’s unopposed motion to issue the mandate immediately upon entry of the court’s opinion is GRANTED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4