Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 571 U.S. 49 (2013), was a United States Supreme Court decision dealing with the enforcement of forum selection clauses.
[1] Petitioner, a corporate citizen of Virginia, entered into a contract to build a child development center in Fort Hood, Texas.
1406(a) and "improper" under Federal Rule of Civil Procedure 12(b)(3), citing the contract's forum selection clause.
[5] In a unanimous opinion authored by Associate Justice Samuel Alito, the Supreme Court clarified that the proper procedure to enforce a forum selection clause is through a motion to transfer under 28 U.S.C.
[8] While that doctrine has been codified at Section 1404(a) for the federal system, the same factors that apply in analyzing motions user that statute can be used to transfer cases to non-federal forums.