JTV Manufacturing, Inc. v. Braketown USA, Inc.

1 Citing case

  1. Duffield v. MPC Pipelines, Inc.

    CIV. 16-5038-JLV (D.S.D. Jan. 10, 2017)   Cited 3 times
    Holding that equitable claims, including unjust enrichment, are covered by forum selection clause because "[a]lthough they are equitable and not tort claims, these causes of action revolve around facts operative in a breach of contract claim"

    The Eighth Circuit explained "[w]hile Bremen provides the proper analysis for determining the enforceability of a forum selection clause, in this circuit, consideration of the public policy of the forum state must be part of that analysis." Id. at 974 (citation omitted); see also JTV Mfg., Inc. v. Braketown USA, Inc., 110 F. Supp. 3d 900, 905-06 (N.D. Iowa 2015) (citing Union Electric in concluding federal law applies to a forum selection clause's enforceability). Although Union Electric involved a motion to dismiss and this case involves a motion to change venue under 28 U.S.C. ยง 1404(a), the court finds Union Electric's ruling applies to this case.