Resources: News

online

Jason Lien Quoted in LegalNews.com Article on Forum-Selection Clauses
January 14, 2014
Jason Lien, partner in Maslon's Litigation Group is quoted in a December 24, 2013, article for LegalNews.com about forum-selection clauses titled, "Court backs easier forum selection option." The article highlights the impact of the recent U.S. Supreme Court decision, in the case of Atlantic Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, that clarifies the procedures for enforcing forum-selection clauses and the enforceability of such clauses in business contracts.

"This will have a pretty large impact on how forum-selection clauses will be enforced in federal court," states Jason. The article notes that the majority of federal appellate courts enforce such contracts, however some followed federal law, not contractual agreements, to dictate where a case will be litigated. When the Supreme Court ruled, "They really did split the difference," between the majority and minority approach in the circuit courts," Jason said, "They modified the §1404 analysis to make it a new test, but that test is consistent with the majority view." He added, "The court seems to take the approach that if the parties negotiate it, it should be enforced. It's consistent with the trend of … enforcing other types of clauses related to the procedure of litigation, like arbitration clauses."

Recently, Jason and Partners in Maslon's Litigation Group wrote a Legal Alert on the Supreme Court's decision titled "Recent U.S. Supreme Court Decision Impacts Forum-Selection Clauses in Contracts." Last fall, Jason's article "Forum-Selection Clauses in Construction Agreements: Strategic Considerations in Light of the Supreme Court’s Pending Review of Atlantic Marine" appeared in the Summer 2013 issue of the ABA's The Construction Lawyer.

Jason Lien is a partner in Maslon’s Litigation Group, and an experienced trial lawyer who practices commercial litigation in a wide range of substantive areas, with a special emphasis on litigation involving the construction, real estate, food, and healthcare industries. He has appeared in federal and state court on behalf of food companies, design-build firms, general contractors, architects, specialty contractors, property management companies, real estate owners, and lenders.

To read the full article on LegalNews.com, go to Court backs easier forum-selection option
DISCLAIMER
Thank you for your interest in contacting us by email.

Please do not submit any confidential information to Maslon via email on this website. By communicating with us we are not establishing an attorney-client relationship, and information you submit will not be protected by the attorney-client privilege and cannot be treated as confidential. A client relationship will not be formed until we have entered into a formal agreement. You should also be aware that we may currently represent parties whose interests may be adverse to yours, and we reserve the right to continue to represent them notwithstanding any communication we receive from you.

If you would like to discuss possible representation, please call one of our attorneys directly or use our general line (p 612.672.8200). We can then fully discuss our intake procedures and, if appropriate, introduce you to an attorney suited to assist with your matter. Alternatively, you may send us an email containing a general inquiry subject to these terms.

If you accept the terms of this notice and would like to send an email, click on the "Accept" button below. Otherwise, please click "Decline."