Commercial Litigation and Arbitration

Is Forum Selection Clause Substantive or Procedural for Choice of Law Purposes in Diversity Action? Circuit Split

Mid-American Benefits, Inc. v. Neb. Ass’n of Resource Dists., 2012 U.S. Dist. LEXIS 77609 (D. Neb. June 5, 2012):

Because this is a diversity jurisdiction action, the Court must determine whether to treat the forum selection clause issue as substantive or procedural, which will, in turn, determine the choice of law. In Rainforest Café, the Eighth Circuit acknowledged a circuit split regarding whether the enforceability of a forum selection clause in a diversity jurisdiction case is a substantive or procedural issue. [Rainforest Café, Inc. v. EleckCo, LLC, 340 F.3d 544, 546 (8th Cir. 2003)]

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