Skip to main content

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

Docket No.12-929
Op. Below5th Cir.
ArgumentOct 9, 2013
Vote9-0
AuthorSamuel Alito
OpinionDec 3, 2013
TermOctober Term 2013
SCOTUS PageOpinion

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 Samuel Alito on Dec 3, 2013.

Issue: (1) Whether the Court”s decision in”Stewart Organization, Inc. v. Ricoh Corp.“changed the standard for enforcement of clauses that designate an alternative federal forum, limiting review of such clauses to a discretionary, balancing-of-conveniences analysis under 28 U.S.C. § 1404(a); and (2) whether district courts should allocate the burdens of proof among parties seeking to enforce or to avoid a forum-selection clause.

Proceedings & orders timeline

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.

Welcome to SCOTUSblog

Tell us a bit about yourself so we can tailor what you see. You can update these any time in your account.