Private Law Theory

Over the past three years, I have spent a lot of time trying to get a sense for when US courts will and will not enforce forum selection clauses. Working with Katie Richardson — first as a law student, then as an associate at McGuire Woods, and finally as a clerk on the DC Circuit — we read hundreds and hundreds of state cases where the issue of enforceability was presented to a state court. Two papers grew out of this research. The first, ‘Enforcing Inbound Forum Selection Clauses in State Court’, provides a thorough account of when state courts will enforce forum selection clauses that choose the courts of the state where the suit was filed. The second, ‘Enforcing Outbound Forum Selection Clauses in State Court’, provides an equally thorough account of when state courts will enforce forum selection clauses that choose a court in another state … (more)

[John F Coyle, Transnational Litigation Blog, 29 November 2022]