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Fernandez et al v. UBS AG et al

MOTION to Change Venue

21 Cited authorities

  1. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,644 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

  2. Stewart Org., Inc. v. Ricoh Corp.

    487 U.S. 22 (1988)   Cited 4,854 times   12 Legal Analyses
    Holding that federal law determines the validity of a forum selection clause

  3. The Bremen v. Zapata Off-Shore Co.

    407 U.S. 1 (1972)   Cited 4,521 times   41 Legal Analyses
    Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

  4. Rivera v. Centro

    575 F.3d 10 (1st Cir. 2009)   Cited 348 times   1 Legal Analyses
    Holding that "knowledge [of the contract] is imputed as a matter of law"

  5. Marano Enterprises v. Z-Teca Restaurants

    254 F.3d 753 (8th Cir. 2001)   Cited 344 times
    Holding non–signatories were bound by forum selection clause because non–signatories were ?closely related? to the signatory or had acquiesced to clause by voluntarily bringing suit with signatories

  6. Everlast World's Boxing Headquarters Corp. v. Ringside, Inc.

    928 F. Supp. 2d 735 (S.D.N.Y. 2013)   Cited 120 times
    Granting motion to transfer venue where "plaintiff's choice of forum is the sole important factor that favors keeping the action in New York"

  7. Huffington v. T.C. Group, LLC

    637 F.3d 18 (1st Cir. 2011)   Cited 108 times
    Holding that a forum selection clause in a subscription agreement covered claims arising from misrepresentations about a "purchase could not have been made without the agreement"

  8. Licensed Practical Nurses v. Ulysses Cruises

    131 F. Supp. 2d 393 (S.D.N.Y. 2000)   Cited 61 times
    Holding that the one-year limitation provision in a ticket contract applied to the plaintiff's claim that the cruise line breached its agreement and warranty to provide a safe and reasonable environment, and emphasizing that the provision did not limit its application based on the nature of the lawsuit

  9. Couvertier v. Concourse Rehab. & Nursing, Inc.

    117 A.D.3d 772 (N.Y. App. Div. 2014)   Cited 26 times

    2014-05-14 Leslie COUVERTIER, etc., appellant, v. CONCOURSE REHABILITATION AND NURSING, INC., respondent. Parker Waichman LLP, Port Washington, N.Y. (Jay L.T. Breakstone and Justin Varughese of counsel), for appellant. Kaufman Borgeest & Ryan LLP, Valhalla, N.Y. (Jacqueline Mandell of counsel), for respondent. REINALDO E. RIVERA Parker Waichman LLP, Port Washington, N.Y. (Jay L.T. Breakstone and Justin Varughese of counsel), for appellant. Kaufman Borgeest & Ryan LLP, Valhalla, N.Y. (Jacqueline Mandell

  10. Seguro de Servicio de Salud v. McAuto Systems

    878 F.2d 5 (1st Cir. 1989)   Cited 50 times
    Holding that consolidation of arbitration was inappropriate where the effect would be to force the parties to forgo locale provisions bargained for in their contracts

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,294 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  12. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,060 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party