Cfirstclass Corp. v. Silverjet Plc’s Empirical Analysis
2008
Citation profile
1 district · 1 state decisions
Relationships
Relies on M/s Bremen v. Zapata off-Shore Company · Kamen v. American Telephone & Telegraph Co. · Coastal Steel Corporation v. Tilghman Wheelabrator Ltd Wheelabrator-Frye Inc · Manetti-Farrow, Inc. v. Gucci America, Inc. · Dh Blair Co Inc Dh v. Gottdiener Dh J
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“A forum selection clause should not be defeated by artful pleading of claims not based on the contract containing the clause if those claims grow out of the contractual relationship, or if ‘the gist’ of those claims is a breach of that relationship.... Thus, the circuit courts have held that a contractually-based forum selection clause will also encompass tort claims if the tort claims ultimately depend on the existence of a contractual relationship between the parties ... or if resolution of the claims relates to interpretation of the contract, ... or if the tort claims involve the same operative facts as a parallel claim for breach of contract. ... [The] common thread running through these various formulations [of the rule] is the inquiry whether the plaintiff's claims depend on rights and duties that must be analyzed by reference to the contractual relationship.”
1 later decision quote this exact passage · from the majority“[Wjhere, as here, the parties do not invoke [the law provided in the choice-of-law clause] in their briefs, courts may apply 'general contract law principles and federal precedent to discern the meaning and scope of the forum selection clause.' ” (quoting Phillips, 494 F.3d at 386)). Paragraph 10.10 of the Galaxy Operating Agreement provides that the”
1 later decision quote this exact passage · from the majority“ultimately depend on the existence of a contractual relationship between the parties, or if resolution of the claims relates to interpretation of the contract, or if the tort claims involv[e] the same operative facts as a parallel claim for breach of contract.”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.