NEWS
Jason Lien Quoted in LegalNews.com Article on Forum-Selection Clauses
January 14, 2014
Jason Lien, partner in Maslon's Litigation Group is quoted in a December 24, 2013, article for LegalNews.com about forum-selection clauses titled, "Court backs easier forum selection option." The article highlights the impact of the recent U.S. Supreme Court decision, in the case of Atlantic Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, that clarifies the procedures for enforcing forum-selection clauses and the enforceability of such clauses in business contracts.
"This will have a pretty large impact on how forum-selection clauses will be enforced in federal court," states Jason. The article notes that the majority of federal appellate courts enforce such contracts, however some followed federal law, not contractual agreements, to dictate where a case will be litigated. When the Supreme Court ruled, "They really did split the difference," between the majority and minority approach in the circuit courts," Jason said, "They modified the §1404 analysis to make it a new test, but that test is consistent with the majority view." He added, "The court seems to take the approach that if the parties negotiate it, it should be enforced. It's consistent with the trend of … enforcing other types of clauses related to the procedure of litigation, like arbitration clauses."
Recently, Jason and Partners in Maslon's Litigation Group wrote a Legal Alert on the Supreme Court's decision titled "Recent U.S. Supreme Court Decision Impacts Forum-Selection Clauses in Contracts." Last fall, Jason's article "Forum-Selection Clauses in Construction Agreements: Strategic Considerations in Light of the Supreme Court’s Pending Review of Atlantic Marine" appeared in the Summer 2013 issue of the ABA's The Construction Lawyer.
Jason Lien is a partner in Maslon’s Litigation Group, and an experienced trial lawyer who practices commercial litigation in a wide range of substantive areas, with a special emphasis on litigation involving the construction, real estate, food, and healthcare industries. He has appeared in federal and state court on behalf of food companies, design-build firms, general contractors, architects, specialty contractors, property management companies, real estate owners, and lenders.
To read the full article on LegalNews.com, go to Court backs easier forum-selection option.
"This will have a pretty large impact on how forum-selection clauses will be enforced in federal court," states Jason. The article notes that the majority of federal appellate courts enforce such contracts, however some followed federal law, not contractual agreements, to dictate where a case will be litigated. When the Supreme Court ruled, "They really did split the difference," between the majority and minority approach in the circuit courts," Jason said, "They modified the §1404 analysis to make it a new test, but that test is consistent with the majority view." He added, "The court seems to take the approach that if the parties negotiate it, it should be enforced. It's consistent with the trend of … enforcing other types of clauses related to the procedure of litigation, like arbitration clauses."
Recently, Jason and Partners in Maslon's Litigation Group wrote a Legal Alert on the Supreme Court's decision titled "Recent U.S. Supreme Court Decision Impacts Forum-Selection Clauses in Contracts." Last fall, Jason's article "Forum-Selection Clauses in Construction Agreements: Strategic Considerations in Light of the Supreme Court’s Pending Review of Atlantic Marine" appeared in the Summer 2013 issue of the ABA's The Construction Lawyer.
Jason Lien is a partner in Maslon’s Litigation Group, and an experienced trial lawyer who practices commercial litigation in a wide range of substantive areas, with a special emphasis on litigation involving the construction, real estate, food, and healthcare industries. He has appeared in federal and state court on behalf of food companies, design-build firms, general contractors, architects, specialty contractors, property management companies, real estate owners, and lenders.
To read the full article on LegalNews.com, go to Court backs easier forum-selection option.
