News & Noteworthy

Authored - NJ Contract Law Update - Atlantic Marine Bolsters Forum-Choice Clauses
MARCH 04, 2014 | Windels Marx - Commercial Litigation

In Atlantic Marine Construction Company v. United States District Court, ___ U.S. __, 134 S.Ct. 568 (Dec. 3, 2013), our nation's highest Court strongly bolstered the presumptive validity and enforceability of forum clauses. In light of Atlantic Marine, parties seeking a different forum in violation of such a clause obviously will have a difficult burden to maintain that non-conforming forum.

Parties who believe that a forum clause has been violated, or who are contemplating filing suit in a different forum, should consult Atlantic Marine first.

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Clark Alpert is the author of Guide to New Jersey Contract Law, published by the New Jersey Institute for Continuing Legal Education and now in its third edition. His updates on New Jersey contract law are based on recent issues and practical methods for addressing similar situations in your practice or business. They are not intended to serve as legal advice. Clark welcomes your questions and comments.

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