All I Want for Christmas (Forum Selection Clause Edition)
As the holidays approach, TLB editors have prepared lists of things that they wish courts in the United States would do differently on the subject of transnational litigation. In this post, I revisit one of my favorite subjects—forum selection clauses—to identify some reforms that would make my Christmas exceptionally merry. 1. Stop Asserting Personal Jurisdiction…
Continue ReadingA Troubling Decision in the Fifth Circuit
The Fifth Circuit has issued a number of opinions over the years relating to the enforceability of forum selection clauses in transnational cases. Its recent decision in Matthews v. Tidewater, Inc. is among the most troubling. Background The plaintiff, Marek Matthews, worked as a seaman and captain from 1982 to 2016 on offshore supply vessels…
Continue ReadingThrowback Thursday: Empagran’s Complicated Legacy
Twenty years ago tomorrow, on June 14, 2004, the Supreme Court handed down its decision in F. Hoffman-La Roche Ltd. v. Empagran S.A. The majority opinion, authored by Justice Stephen Breyer, interpreted the Foreign Trade Antitrust Improvements Act of 1982 (FTAIA) to preclude the application of U.S. antitrust law to injuries in other countries. Empagran…
Continue Reading