Motion to Dismiss or Motion to Transfer to enforce Forum Selection Clauses in the First Circuit after the United States Supreme Court Decision in Atlantic Marine?

It is not uncommon that contracts will contain forum selection clauses to establish the place where a party can bring suit regarding a dispute or incident arising as consequence of the contractual relation. As a general rule, a forum selection clause will be enforced unless the party opposing said clause “[can] clearly show that enforcement […]

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The United States Supreme Court Rules that Punitive Damages are not Allowed on Unseaworthiness Claims

On June 24, 2019 the United States Supreme Court decided the case of Dutra Group v. Batterton, 139 S.Ct. 2275 588 U.S. _______ (2019).  The case involved a crewmember who sued his maritime employer due to a physical injury suffered aboard the employer’s vessel. The crewmember sued the employer asserting a variety of claims, including […]

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