United States First Circuit

In this case, plaintiffs appeal the dismissal of plaintiffs' Title VII pregnancy and sex discrimination claim and Appellants' supplemental state law claims due to a forum selection clause contained in Claudio's employment contract that precludes adjudication in federal court. Judgment dismissing the case with prejudice is affirmed but modified to expressly permit re-filing in the appropriate forum, where: 1) the forum section clause is applicable and enforceable; and 2) the district court should have dismissed the case without prejudice as it is the practice of this circuit for dismissals due to forum selection clauses to be dismissed without prejudice so that the case may be re-filed in the appropriate forum.

Appellate Information

• Decided 12/22/2014
• Published 12/22/2014

Judges

• Torruella

Court

• United States First Circuit

Counsel