Mueller v. Apple Leisure Corporation

Federal 7th Circuit Court
Civil Court
Forum Non Conveniens
Citation
Case Number: 
No. 16-2885
Decision Date: 
January 26, 2018
Federal District: 
E.D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing on forum non conveniens grounds plaintiffs’ breach of warranty/negligence actions arising out of personal injuries incurred during their trip to resort managed by defendants in Dominican Republic, where travel contract that plaintiffs signed with defendants contained forum-selection clause requiring that plaintiffs litigate their dispute with defendants in Delaware County, Pennsylvania. Forum-selection clause channeling litigation to non-federal forum is enforced through doctrine of forum non conveniens. Moreover, plaintiffs did not cite to any exceptional public interest justification to override instant contractual choice of forum. Ct. rejected plaintiffs’ claim that Dist. Ct. committed procedural error by basing dismissal on application of forum non conveniens doctrine when defendants did not specifically cite said doctrine in their dismissal motion, where Ct. of Appeals noted that consideration of said doctrine was proper since defendants had asked Dist. Ct. to enforce forum-selection clause.