Weber v. PACT XPP Technologies, AG’s Empirical Analysis
811 F.3d 758 · 2016
Citation profile
9 federal appellate · 2 district · 3 state decisions
Relationships
Applies 28 U.S.C. § 1404
Relies on Erie Co v. Tompkins · Klaxon Co. v. Stentor Electric Manufacturing Co. · Piper Aircraft Co. v. Reyno · M/s Bremen v. Zapata off-Shore Company · Koster v. Lumbermens Mut Casualty Co
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 37 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the incorporation of the forum selection clause into the agreement was the product of fraud or overreaching; (2) the party seeking to escape enforcement “will for all practical purposes be deprived of his day in court” because of the grave inconvenience or unfairness of the selected forum; (3) the fundamental unfairness of the chosen law will deprive the plaintiff of a remedy; or (4) enforcement of the forum selection clause would contravene a strong public policy of the forum state.”
1 later decision quote this exact passage · from the majority“administrative difficulties flowing from court congestion; the local interest in having localized controversies decided at home; the interest in having the trial of a diversity case in a forum that is at home with the law that must govern the action; the avoidance of unnecessary problems in conflict of laws, or in the application of foreign law; and the unfairness of burdening citizens in an unrelated forum with jury duty.”
1 later decision quote this exact passage · from the majority“review[s] the district court's interpretation of the [forum-selection clause] and its assessment of that clause's enforceability de novo , then ... review[s] for abuse of discretion the court's balancing of the private- and public-interest factors.”
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.