United States Second Circuit

In a private action alleging violations of the Sherman Act by the defendant, 15 U.S.C. sections 1 and 2, and arising from plaintiff's use of defendant's AdWords search platform, Rule 12(b) dismissal of the complaint is affirmed where a defendant may seek enforcement of a forum selection clause through a Rule 12(b) motion when the clause specifies that claims must be brought in a forum other than the one in which they have been brought, yet permits those claims to be brought in a different federal forum.

Appellate Information

• Decided 07/26/2011
• Published 07/26/2011

Judges

• LIVINGSTON

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• CHARLES F. RULE, JONATHAN M. JACOBSON