United States Second Circuit

In an action to recover on a defaulted loan, dismissal of the action on forum non conveniens grounds is reversed where a non-signatory to an agreement may be bound by a forum selection clause and forum non conveniens waiver contained in contracts entered into by an entity alleged to be a predecessor in interest.

Appellate Information

• Decided 10/23/2009
• Published 10/23/2009

Judges

• WINTER, Circuit Judge:, Before:  WINTER, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jennifer R. Scullion (Louis M. Solomon, Daniella M. Rudy, on the brief), Proskauer Rose LLP, New York, NY, for Plaintiff-Appellant.


• For Appellees:
  
• John J. Kerr, Jr., Simpson Thatcher & Bartlett LLP, New York, NY, for Defendant-Appellee.