United States First Circuit

In a medical malpractice action, district court judgment is affirmed where the forum selection clause contained in two preoperative consent forms signed by plaintiff was mandatory and thus the Commonwealth Court of First Instance was the exclusive venue for any claims against the hospital. The nature of the instant action does not preclude enforcement of the forum selection clause, nor is the clause invalid for fraud, overreaching, or violating public policy.

Appellate Information

• Decided 07/31/2009
• Published 07/31/2009

Judges

• LIPEZ, Circuit Judge., Before TORRUELLA, LIPEZ, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Seth A. Erbe, with whom Jose R. Ortiz-Velez, Pedro F. Soler-Muñiz, David C. Indiano, Ada Sofia Esteves, and Indiano & Williams, P.S.C. were on brief, for appellants.


• For Appellees:
  
• Heidi Rodriguez, with whom Giselle Lopez Soler and Pietrantoni Mendez & Alvarez LLP were on brief, for appellees.