Ninth Circuit Issues Forum Selection Clause Opinion

English: Kingdom Centre, Riyadh, Saudi Arabia....

English: Kingdom Centre, Riyadh, Saudi Arabia. Taken by BroadArrow in 2007. (Photo credit: Wikipedia)

The Ninth Circuit issued an opinion today in Petersen v. Boeing Company, No. 11-18075, __ F.3d __ (9th Cir. Apr. 26, 2013).  The district court dismissed plaintiff’s case on the basis of a Saudi forum selection clause without holding an evidentiary hearing as to whether plaintiff was induced to assent to the forum selection clause through fraud or overreaching.  In a per curiam opinion, a Ninth Circuit panel reversed, holding that a triable issue of fact existed as to whether the forum selection clause was enforceable.  You can read more here.