Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
12-929	5th Cir.	Oct 9, 2013 Tr.Aud.	Dec 3, 2013	9-0	Alito	OT 2013

Holding: A forum-selection clause may be enforced by a motion to transfer under 28 U.S.C. § 1404(a), which provides that, “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.”

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Alito on December 3, 2013.

SCOTUSblog Coverage

Opinion analysis: Tough day for the Fifth Circuit (Ronald Mann)
Argument analysis: Justices signal strong support for forum-selection clauses (Ronald Mann)
Argument preview: Government contractor urges Court to validate forum-selection clause (Ronald Mann)
Case granted on venue issue (Lyle Denniston)

Date	Proceedings and Orders (key to color coding)
Jan 25 2013	Petition for a writ of certiorari filed. (Response due February 25, 2013)
Feb 25 2013	Brief of respondent J-Crew Management, Inc. in opposition filed.
Feb 25 2013	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Feb 25 2013	Brief amicus curiae of Texas Civil Justice League filed.
Mar 7 2013	Reply of petitioner Atlantic Marine Construction Company, Inc. filed.
Mar 13 2013	DISTRIBUTED for Conference of March 29, 2013.
Apr 1 2013	Petition GRANTED.
Apr 22 2013	The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 17, 2013.
Apr 22 2013	The time to file respondents' brief on the merits is extended to and including August 16, 2013.
May 16 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for petitioner.
May 21 2013	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the resondent.
Jun 17 2013	Brief of petitioner Atlantic Marine Construction Company, Inc. filed.
Jun 17 2013	Joint appendix filed. ( Statement of costs received.)
Jun 24 2013	Brief amicus curiae of Chamber of Commerce of the United States of America filed.
Jun 24 2013	Brief amici curiae of New England Legal Foundation, et al. filed.
Jun 24 2013	Brief amicus curiae of Professor Stephen E. Sachs in support of neither party filed.
Jul 22 2013	CIRCULATED.
Jul 23 2013	SET FOR ARGUMENT on Wednesday, October 9, 2013.
Aug 2 2013	Record from U.S.C.A. fo 5th Circuit is electronic and located on PACER.
Aug 2 2013	Record from U.S.D.C. for Western District of Texas is electronic and located on PACER.
Aug 16 2013	Brief of respondent J-Crew Management, Inc. filed. (Distributed)
Aug 23 2013	Motion of Professor Stephen E. Sachs in support of neither party for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 23 2013	Brief amicus curiae of American Subcontractors Association filed. (Distributed)
Aug 26 2013	Petitioner's response in opposition to motion of Professor Stephen E. Sachs.
Aug 30 2013	Respondents' opposition in response to motion of Professor Stephen E. Sach.
Sep 11 2013	Respondents' amended opposition to motion of Professor Stephen E. Sachs
Sep 16 2013	Reply of petitioner Atlantic Marine Construction Company, Inc. filed. (Distributed)
Oct 1 2013	Motion of Professor Stephen E. Sachs for leave to participate in oral argument as amicus curiae and for divided argument DENIED. The parties, however, should be prepared to address at oral argument the arguments raised in the brief of Professor Stephen E. Sachs as amicus curiae in support of neither party.
Oct 9 2013	Argued. For petitioner: William S. Hastings, Dallas, Tex. For respondents: William R. Allensworth, Austin, Tex.
Dec 3 2013	Judgment REVERSED and case REMANDED Alito, J., delivered the opinion for a unanimous Court.
Jan 6 2014	JUDGMENT ISSUED.

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The Supreme Court released additional orders from the January 11 conference on Monday; the justices called for the views of the U.S. solicitor general in CSX Transportation Inc. v. Alabama Department of Revenue, Alabama Department of Revenue v. CSX Transportation Inc. and Toshiba Corp. v. Automotive Industries Pension Trust Fund.
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On Monday, the justices heard oral argument in Thacker v. Tennessee Valley Authority and Rimini Street Inc. v. Oracle USA Inc.
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Cases argued	43
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Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas

SCOTUSblog Coverage

Featured Posts

Argument analysis: Justices have strong views about removal of class actions – Ronald Mann

Opinion analysis: Interesting 5-4 coalition holds that the ACCA reaches robberies that require force sufficient to overcome resistance – Rory Little

Argument analysis: Justices weigh text and history of 21st Amendment in challenge to state residency requirement for liquor licenses – Amy Howe

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