27 Cited authorities

Jones v. Bock
549 U.S. 199 (2007) Cited 12,795 times 7 Legal Analyses
Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court
Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.
571 U.S. 49 (2013) Cited 3,674 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
Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,535 times 90 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
The Bremen v. Zapata Off-Shore Co.
407 U.S. 1 (1972) Cited 4,535 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"
Carnival Cruise Lines, Inc. v. Shute
499 U.S. 585 (1991) Cited 1,943 times 8 Legal Analyses
Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"
Digital Equipment Corp. v. Desktop Direct, Inc.
511 U.S. 863 (1994) Cited 686 times 1 Legal Analyses
Holding "that § 1291 requires courts of appeals to view claims of a `right not to be tried' with skepticism, if not a jaundiced eye"
Lauro Lines S.R.L. v. Chasser
490 U.S. 495 (1989) Cited 397 times
Holding that a claimed right to be sued in a particular forum based on a forum-selection clause is "surely as effectively vindicable as a claim that the trial court lacked personal jurisdiction over the defendant — and hence does not fall within the third prong of the collateral order doctrine"
Public Serv. Comm'n v. Wycoff Co.
344 U.S. 237 (1952) Cited 1,336 times
Holding that federal "judicial power does not extend to abstract questions" and the dispute in a particular case "must not be nebulous or contingent but must have taken on fixed and final shape" (internal quotation marks and alterations omitted)
Murphy v. Schneider Nat'l, Inc.
349 F.3d 1224 (9th Cir. 2003) Cited 664 times 1 Legal Analyses
Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party
Argueta v. Banco Mexicano, S.A
87 F.3d 320 (9th Cir. 1996) Cited 453 times 2 Legal Analyses
Holding that a motion to dismiss based on a forum-selection clause should be treated "as a Rule 12(b) motion to dismiss for improper venue."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,981 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,373 times 184 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

Klecher v. Conmed Corporation

27 Cited authorities

Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court

Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

Holding "that § 1291 requires courts of appeals to view claims of a `right not to be tried' with skepticism, if not a jaundiced eye"

Holding that a claimed right to be sued in a particular forum based on a forum-selection clause is "surely as effectively vindicable as a claim that the trial court lacked personal jurisdiction over the defendant — and hence does not fall within the third prong of the collateral order doctrine"

Holding that federal "judicial power does not extend to abstract questions" and the dispute in a particular case "must not be nebulous or contingent but must have taken on fixed and final shape" (internal quotation marks and alterations omitted)

Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party

Holding that a motion to dismiss based on a forum-selection clause should be treated "as a Rule 12(b) motion to dismiss for improper venue."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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