John Coyle and Tanya Monestier, ‘Limits on Damages for Breach of a Forum Selection Clause’ (25 September 25, 2025), available at SSRN. Forum selection clauses are so familiar that they rarely invite fresh questions. Courts mostly enforce them after lawyers litigate motions to dismiss or transfer, and the parties move on. One remedial question, however, has long sat in plain sight: when a party breaches a forum selection clause by suing in the wrong court, why is the remedy limited by default to correcting the venue error rather than compensating the counterparty for the cost of enforcing the clause? In ‘Limits on Damages for Breach of a Forum Selection Clause’, John Coyle and Tanya Monestier take that question seriously – and show that it was never foreclosed for particularly good reasons … (more)
[David Hoffman, JOTWELL, 18 February 2026]
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