United States Ninth Circuit

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Petersen v. Boeing Company, 11-18075

District court's order dismissing plaintiff's breach of contract action for improper venue based on a forum selection clause in an employment agreement, is reversed and remanded, where: 1) the evidence submitted and the allegations made by plaintiff were more than sufficient to create a triable issue of fact as to whether the Saudi Arabian forum selection clause at issue was enforceable; 2) the district court abused its discretion by dismissing on the basis of the forum selection clause without holding an evidentiary hearing as to whether enforcement of the forum selection clause at issue here would effectively preclude plaintiff's day in court, and whether plaintiff was induced to assent to the forum selection clause through fraud or overreaching; and 3) the district court abused its discretion in denying plaintiff leave to amend his pleadings.

Appellate Information

  • Decided 04/26/2013
  • Published 04/26/2013

Judges

  • PER CURIAM

Court

  • United States Ninth Circuit

Counsel