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Atlantic Marine Construction Co., Inc. v. US District Court for the Western District of Texas, 12-929

The Fifth Circuit Court of Appeals' denial of a petition for a writ of mandamus requesting the district court dismiss a construction dispute case brought against petitioner, or to transfer it to the Eastern District of Virginia pursuant to a forum selection clause in the parties' contract, is reversed and remanded, where: 1) a forum-selection clause may be enforced by a motion to transfer under 28 U.S.C. section 1404(a), which provides that "[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented;" 2) when a defendant files a section 1404(a) motion, a district court should transfer the case unless extraordinary circumstances unrelated to the convenience of the parties clearly disfavor a transfer; and 3) no such exceptional factors appear to be present in this case.

Appellate Information

  • Decided 12/03/2013
  • Published 12/03/2013




  • United States Supreme Court