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ARTICLE · 02 APRIL 2013

Supreme Court Docket Report - April 1, 2013

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Today, the Supreme Court granted certiorari in one case of interest to the business community:

United StatesLitigation, Mediation & Arbitration

Keywords: Forum-Selection Clauses, Transfer of Venue, federal venue statutes, Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas

Today, the Supreme Court granted certiorari in one case of interest to the business community:

Forum-Selection Clauses—Transfer of Venue

Under the federal venue statutes, if a case is filed in the wrong venue, the district court must dismiss it or transfer it to a proper venue. 28 U.S.C. § 1406(a). If the case is filed in a proper venue, the court may transfer it to another proper venue "[f]or the convenience of the parties and witnesses, in the interest of justice." 28 U.S.C. § 1404(a). Today, the Supreme Court granted a writ of certiorari in Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas, No. 12-929, to address which of these statutes applies when a party files a lawsuit in a venue other than the one specified in a forum-selection

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