Arizona Supreme Court Rejects the “Closely Related” Doctrine
When may a litigant take advantage of a forum selection clause in a contract that he never signed? This is a question that has attracted considerable attention from the courts (and on this blog). Historically, a non-party was covered by a clause only when permitted under such doctrines as assumption, agency, piercing the corporate veil,…
Continue ReadingThe Sixth Circuit Tackles Forum Selection Clauses
When U.S. judges fight about forum selection clauses, they tend to fight about one of two things. First, they fight about whether a federal court sitting in diversity should apply state or federal law to determine whether a clause is valid and enforceable. Second, they fight about whether a non-signatory may be bound by a…
Continue ReadingForum Selection Clauses, Non-Signatories, and Personal Jurisdiction in New York
As a general rule, the law will not vest contractual rights in (or impose contractual obligations upon) individuals who are not parties to an agreement. Over the past few decades, however, the courts have had occasion to relax this rule in the context of forum selection clauses. As previously discussed here and here and at…
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