Sucampo Pharmaceuticals, Inc. v. Astellas Pharma, Inc. , 471 F.3d 544 ( 2006 )


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  •                             PUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    SUCAMPO PHARMACEUTICALS,                
    INCORPORATED, a Delaware
    corporation,
    Plaintiff-Appellant,
    v.                               No. 06-1036
    ASTELLAS PHARMA, INCORPORATED,
    formerly known as Fujisawa
    Pharmaceutical Company, Limited,
    Defendant-Appellee.
    
    Appeal from the United States District Court
    for the District of Maryland, at Greenbelt.
    Peter J. Messitte, District Judge.
    (CA-05-687-PJM)
    Argued: October 24, 2006
    Decided: December 22, 2006
    Before WILKINS, Chief Judge, GREGORY, Circuit Judge,
    and James R. SPENCER, Chief United States District Judge for the
    Eastern District of Virginia, sitting by designation.
    Affirmed by published opinion. Judge Gregory wrote the opinion, in
    which Chief Judge Wilkins and Judge Spencer joined.
    COUNSEL
    ARGUED: James D. Dasso, FOLEY & LARDNER, L.L.P., Chicago,
    Illinois, for Appellant. Karen L. Hagberg, MORRISON & FOER-
    2           SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA
    STER, L.L.P., New York, New York, for Appellee. ON BRIEF:
    Derek L. Wright, FOLEY & LARDNER, L.L.P., Chicago, Illinois;
    Vineeta A. Bathia, FOLEY & LARDNER, L.L.P., Washington, D.C.,
    for Appellant. Kyle W. K. Mooney, MORRISON & FOERSTER,
    L.L.P., New York, New York, for Appellee.
    OPINION
    GREGORY, Circuit Judge:
    Sucampo Pharmaceuticals, Inc. ("Appellant" or "Sucampo")
    appeals the dismissal of its breach of contract claims against Astellas
    Pharma, Inc. ("Appellee" or "Astellas") on the basis of a forum-
    selection clause contained in the parties’ licensing agreement.
    Because we find that the safety agreement under which Sucampo sued
    was at least "incidental to" the licensing agreement, and thus gov-
    erned by the forum-selection clause requiring Sucampo to bring suit
    in Japan, we affirm the decision of the district court.
    I.
    The immediate relationship between the parties dates back to 1998,
    when a corporate predecessor to Sucampo signed an agreement
    ("Development Agreement") with a corporate predecessor of Astellas.
    The Development Agreement concerned Sucampo’s development and
    testing of a drug based on Astellas’s compound, FK506 ("FK506").
    The Development Agreement was written in Japanese and executed
    in Japan, but did not contain a forum-selection clause. The Develop-
    ment Agreement contained a provision mandating that the parties
    agree to guidelines for the exchange of safety information relating to
    FK506. Later in 1998, the parties executed an agreement relating to
    the exchange of safety information. This agreement was "executed
    under" the Development Agreement (J.A. 164), contained detailed
    terms dictating the exchange of information relating to FK506, and
    was effective until the termination of the Development Agreement,
    unless otherwise agreed.
    In 1999, the parties executed another agreement ("Basic Agree-
    SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA                    3
    ment") with respect to the continued development and commercializa-
    tion of FK506. Like the Development Agreement, the Basic
    Agreement contained a provision mandating that the parties develop
    guidelines for the exchange of safety information. In addition, the
    Basic Agreement provided that "[a]s for each item to be developed
    and commercialized in accordance with this Agreement, [the parties]
    shall separately enter into an individual agreement pursuant to the
    provisions hereof as a basis."1 (J.A. 39.) The Basic Agreement con-
    tained a Japanese choice-of-law provision and a forum-selection pro-
    vision governing "[t]his Agreement" and specifying the exclusive
    jurisdiction of the Japanese courts. (J.A. 43, 190.)
    Following the execution of the Basic Agreement, the parties exe-
    cuted a new agreement concerning the exchange of safety information
    ("Safety Agreement"). The Safety Agreement provided that it was
    executed "[u]nder the basic agreement," and was intended to "provide
    a general guide for the safety information exchange on [the com-
    pound] between [the parties.]" (J.A. 24.) The term of the Safety
    Agreement "unless otherwise agreed upon between [the parties]" was
    "until the termination for whatever reason of the Basic Agreement."
    (J.A. 31.) The Safety Agreement did not contain either a choice-of-
    law or forum-selection provision.
    In 2002, the parties executed a license agreement ("Basic License
    Agreement") and "agreed that the total legal relationship between
    [them] with respect to this compound shall be governed by this agree-
    ment."2 (J.A. 282.) The Basic License Agreement contained a provi-
    sion regarding the exchange of safety information, which provided
    that "[the parties] shall enter into an agreement concerning the
    1
    Because the Basic Agreement was executed in Japanese, the provision
    quoted in the text is based on the translation provided by the Appellant.
    Appellee’s translation of the identical provision reads: "[The parties]
    shall conclude separate individual agreements regarding items that are to
    be developed and/or commercialized based on this agreement, with the
    provisions set forth in this agreement as the basic principles." (J.A. 178.)
    2
    The Basic License Agreement was executed in Japanese. Quotations
    in the text are from the Appellee’s translation, provided in the record.
    The Appellant did not provide the Basic License Agreement, either in its
    original or a translated version.
    4          SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA
    exchange of such safety information through separate discussion."
    (J.A. 289.) Following the execution of the Basic License Agreement,
    the parties continued to exchange safety information under the proto-
    cols specified by the Safety Agreement. The Basic License Agree-
    ment contained a choice-of-law provision specifying Japanese law
    and a forum-selection clause specifying that "[a]ny dispute in relation
    to this agreement or any agreement incidental hereto" be brought in
    Osaka, Japan. (J.A. 314.)
    In 2004, wishing to make certain changes with respect to the manu-
    facture of any codeveloped drugs, the parties executed a successor
    agreement to the Basic License Agreement ("Amended Basic License
    Agreement"), which was identical in all relevant respects, but was
    drafted in English and changed the exclusive forum for suit to Tokyo,
    Japan.
    On February 14, 2005, the United States Food and Drug Adminis-
    tration ("FDA") issued two alerts regarding a link between cancer and
    the use of Protopic, a drug marketed by Astellas, and containing
    FK506. The following day, the FDA Pediatric Advisory Committee
    ("Advisory Committee") recommended that Protopic carry a so-called
    "black box warning" about the potential cancer risk. Prior to the Feb-
    ruary 15 meeting of the Advisory Committee, Astellas sent a back-
    ground document regarding Protopic to the Committee. There is no
    indication in the record that Astellas informed Sucampo about the
    document sent to the Advisory Committee. On March 10, the FDA
    adopted the Advisory Committee’s recommendation and required that
    Protopic carry a black box warning. The FDA also issued a public
    health advisory concerning Protopic’s potential cancer link. Sucampo
    subsequently suspended development of its ophthalmologic product
    containing FK506.
    On March 11, Sucampo brought a breach of contract action against
    Astellas, alleging that Astellas had breached the Safety Agreement by
    failing to disclose the FDA’s concerns over Protopic and, as a result
    of such failure, Sucampo suffered serious damages relating to the
    development of products based on FK506. Astellas filed a motion to
    dismiss on the basis of Federal Rule of Civil Procedure 12(b)(1),(2),
    and (3). Astellas based its 12(b)(1) and (3) objections on the forum-
    selection clause contained in the Amended Basic License Agreement.
    SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA                 5
    Astellas argued that the Safety Agreement was at the very least con-
    sidered incidental to the Amended Basic License Agreement, there-
    fore Sucampo’s claims were subject to the exclusive jurisdiction of
    the courts of Tokyo, Japan, and the district court either lacked subject
    matter jurisdiction or was an improper venue. In addition, Astellas
    argued that the district court lacked personal jurisdiction over Astel-
    las.
    On November 28, 2005, without ruling on the personal jurisdiction
    objection, the district court held that the Safety Agreement was inci-
    dental to the Amended Basic License Agreement and granted Astel-
    las’s motion to dismiss on the basis of the forum-selection clause in
    the Amended Basic License Agreement. This appeal followed.
    II.
    This Circuit has not decided the appropriate treatment of a motion
    to dismiss based on a forum-selection clause. See, e.g., In re Mil-
    lenium Studios, Inc., 
    286 B.R. 300
    , 306 (D. Md. 2002) ("There is cur-
    rently no procedural mechanism specifically tailored to handle a
    motion to dismiss based on a forum-selection clause. The Fourth Cir-
    cuit has not decided the issue of what approach to take and which
    subsection of Rule 12(b) is most appropriate for the situation."). Other
    circuits have characterized such motions as motions under Fed. R.
    Civ. P. 12(b)(1), (3), or (6). See, e.g., Silva v. Encyclopedia Britan-
    nica Inc., 
    239 F.3d 385
     (1st Cir. 2001) (treating motion to dismiss
    based on forum-selection clause as a Rule 12(b)(6) motion to dis-
    miss); Lipcon v. Underwriters at Llyod’s, London, 
    148 F.3d 1285
    (11th Cir. 1998) (holding that motions to dismiss based on forum-
    selection clause should be analyzed under Rule 12(b)(3)); AVC
    Nederland B.V. v. Atrium Inv. P’ship 
    740 F.2d 148
     (2d Cir. 1984)
    (affirming dismissal of action under Rule 12(b)(1) on basis of forum-
    selection clause).
    A.
    The district court dismissed Sucampo’s complaint on the basis of
    the forum-selection clause contained in the Amended Basic License
    Agreement before resolving Appellee’s motion to dismiss for lack of
    personal jurisdiction. Accordingly, we must resolve whether a dis-
    6           SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA
    missal based on a forum-selection agreement is under Rule 12(b)(6),
    because the dismissal of a case on an issue relating to the merits of
    the dispute, such as failure to state a claim, is improper without
    resolving threshold issues of jurisdiction, including personal jurisdic-
    tion. See Ruhrgas AG v. Marathon Oil, Inc., 
    526 U.S. 574
    , 583 (1999)
    ("Personal jurisdiction . . . is ‘an essential element of the jurisdiction
    of a district . . . court,’ without which the court is ‘powerless to pro-
    ceed to an adjudication.’" (quoting Employers Reinsurance Corp. v.
    Bryant, 
    299 U.S. 374
    , 382 (1937))); Constantine v. Rectors & Visitors
    of George Mason Univ., 
    411 F.3d 474
    , 480 (4th Cir. 2005) ("The
    validity of an order of a federal court depends upon that court’s hav-
    ing jurisdiction over both the subject matter and the parties." (internal
    quotation marks omitted)).
    B.
    To analyze a motion to dismiss based on a forum-selection clause
    under Rule 12(b)(1), a court must engage the legal fiction that the
    clause affects the power of the court to adjudicate the dispute. See
    M/S Bremen v. Zapata Off-Shore Co., 
    407 U.S. 1
    , 13 (1972) ("The
    argument that [forum-selection] clauses are improper because they
    tend to ‘oust’ a court of jurisdiction is hardly more than a vestigial
    legal fiction."); Lipcon, 
    148 F.3d at 1289-90
     ("[T]he basis upon which
    the defendants seek dismissal-namely, that the agreement of the par-
    ties prohibits the plaintiff from bringing suit in the particular forum-
    is unrelated to the actual basis of federal subject matter jurisdiction-
    namely, federal question jurisdiction or diversity of citizenship, as the
    case may be.").
    In addition to this theoretical incongruence, treating a motion to
    dismiss on the basis of a forum-selection clause under Rule 12(b)(1)
    presents practical difficulties that undercut the benefits gained from
    enforcement of the clauses. For example, the court must raise the
    issue of subject-matter jurisdiction sua sponte, if necessary. See Fed.
    R. Civ. P. 12(h)(3). Thus, in cases involving forum-selection clauses,
    both district and circuit courts would be under an obligation to con-
    firm that the clause was not applicable before reaching the merits of
    the action. SeeSteel Co. v. Citizens for a Better Environment, 
    523 U.S. 83
    , 101-02 (1998) (disapproving of hypothetical-jurisdiction doc-
    trine); Firestone Tire & Rubber Co. v. Risjord, 
    449 U.S. 368
    , 379
    SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA                  7
    (1981) ("A court lacks discretion to consider the merits of a case over
    which it is without jurisdiction.").
    More importantly, a motion to dismiss under Rule 12(b)(1) is non-
    waivable and may be brought at any time—even on appeal—
    regardless of whether a litigant raised the issue in an initial pleading.
    See Fed. R. Civ. P. 12(h)(3); Kontrick v. Ryan, 
    540 U.S. 443
    , 355
    (2004) ("A litigant generally may raise a court’s lack of subject-
    matter jurisdiction at any time in the same civil action, even initially
    at the highest appellate instance."). Litigants, therefore, could hold
    back forum-selection clause objections, until after discovery—or even
    an adverse verdict. See, e.g., Grupo Dataflux v. Atlas Global Group
    L.P., 
    541 U.S. 567
     (2004) (dismissing an action for lack of subject-
    matter jurisdiction where jurisdictional defect, which had been cured
    prior to a jury verdict, was raised for first time on appeal). Allowing
    this strategy could result in a waste of judicial resources and allow
    defendants to "test the waters" of the plaintiff’s chosen forum, before
    invoking their rights under the forum-selection clause. The use of
    such a strategy undermines the efficiency and convenience that we
    believe is gained from enforcement of forum-selection agreements.
    See M/S Bremen, 
    407 U.S. at 13-14
    .
    Analyzing forum-selection clauses under Rule 12(b)(6) does not
    present the problems that analysis under 12(b)(1) would present. See
    Lipcon, 
    148 F.3d at 1290
     (holding that consideration of forum-
    selection clauses under Rule 12(b)(6) does not present "significant
    doctrinal error"). Nevertheless, Supreme Court precedent suggests
    that 12(b)(6) is not the appropriate motion for enforcing a forum-
    selection clause. In Argueta v. Banco Mexicano, 
    87 F.3d 320
    , 324
    (9th Cir. 1996), the Ninth Circuit noted that "[u]nder the Supreme
    Court’s standard for resolving motions to dismiss based on a forum-
    selection clause, the pleadings are not accepted as true, as would be
    required under a Rule 12(b)(6) analysis." (citing Carnival Cruise
    Lines v. Shute, 
    499 U.S. 585
     (1991); Mitsubishi Motors Corp. v. Soler
    Chrysler-Plymouth, Inc., 
    473 U.S. 614
     (1985); Scherk v. Alberto-
    Culver Co., 
    417 U.S. 506
     (1974); M/S Bremen, 
    407 U.S. 1
    ). In addi-
    tion, because a 12(b)(6) motion may be brought at any time prior to
    adjudication on the merits, analyzing forum-selection clauses under
    Rule 12(b)(6) would present some of the same timing concerns as in
    the 12(b)(1) context. See Fed. R. Civ. P. 12(h)(2); Silva, 
    239 F.3d at
    8           SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA
    388 ("Accordingly, a motion to dismiss based on a forum-selection
    clause may be raised at any time in the proceedings before disposition
    on the merits.").
    Analyzing forum-selection agreements under Rule 12(b)(3) would
    avoid the doctrinal and timing disadvantages of utilizing Rule
    12(b)(1) or (6) and be consistent with Supreme Court precedent. In
    Lipcon, the Eleventh Circuit discussed the Supreme Court’s decision
    in Stewart Org., Inc. v. Ricoh Corp., 
    487 U.S. 22
     (1988), noting that
    "[a]lthough the Supreme Court did not decide the precise question
    . . . , the Court’s conclusion that the federal transfer-of-venue statute
    governs district court decisions in enforcing forum-selection clauses
    provides support for our view that motions to dismiss based upon
    forum-selection clauses are cognizable as motions to dismiss for
    improper venue." 
    148 F.3d at 1290
    .
    In addition to being consistent with Stewart, because a motion
    under Rule 12(b)(3) is a disfavored 12(b) motion, a defendant will
    have to raise the forum selection issue in her first responsive pleading,
    or waive the clause. See Fed. R. Civ. P. 12(h)(1). This will result in
    an efficient disposition of cases involving forum-selection clauses and
    not waste judicial resources on a case that ultimately will have to be
    dismissed and relitigated in another forum. Treating a motion to dis-
    miss based on a forum-selection clause under Rule 12(b)(3) avoids
    the logistic and theoretical intricacies of utilizing 12(b)(1), allows the
    court to freely consider evidence outside the pleadings, unlike under
    a 12(b)(6) motion, Argueta, 
    87 F.3d at 324
    , and is more consistent
    with the Supreme Court’s treatment of such clauses, Lipcon, 
    148 F.3d at 1290
    . Accordingly, a motion to dismiss based on a forum-selection
    clause should be properly treated under Rule 12(b)(3) as a motion to
    dismiss on the basis of improper venue.3
    3
    Because a district court has the discretion to dismiss on the basis of
    improper venue before reaching the issue of personal jurisdiction, the
    district court did not err in dismissing Sucampo’s complaint on the basis
    of the forum-selection clause without addressing Astellas’s personal
    jurisdiction objections. See Ruhrgas, 
    526 U.S. at 584-85
    ; Leroy v. Great
    W. United Corp., 
    443 U.S. 173
    , 180 (1979).
    SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA                   9
    III.
    We review a district court’s grant of a motion to dismiss under
    Rule 12(b)(1), (3), or (6) de novo. See, e.g., Suter v. United States,
    
    441 F.3d 306
    , 310 (4th Cir. 2006) (reviewing dismissal under
    12(b)(1)); Mitrano v. Hawes, 
    377 F.3d 402
    , 405 (4th Cir. 2004)(re-
    viewing dismissal under 12(b)(3)); Partington v. Am. Int’l Specialty
    Lines Ins. Co., 
    443 F.3d 334
    , 338 (4th Cir. 2006) (reviewing dismissal
    under 12(b)(6)).
    Sucampo does not dispute the validity of the forum-selection
    agreement, but argues that the instant case is not governed by the
    clause because the dispute arises under the Safety Agreement, which
    is not incidental to the Amended Basic License Agreement. Under
    general principles of contract interpretation, this argument must fail.4
    To begin, the definitions of "incidental" cited by Appellant include
    "subordinate." The Safety Agreement explicitly notes that it was exe-
    cuted "under the Basic Agreement," with a term concurrent with the
    Basic Agreement. There is no dispute that the Amended Basic
    4
    We note that rejection of Sucampo’s argument accords with the sub-
    stantive law of Japan. Appellee cites two decisions of the Tokyo District
    Court, Vulcan Int’l Servs. Ltd. v. Makashi-Ya, Inc., 1077 Hanrei Taimuzu
    282 (Tokyo D. Ct., Nov. 24, 2000), and Riken v. Mabuchi, 1244 Hanrei
    Jiho 97 (Tokyo D. Ct., Oct. 11, 1987). Both Vulcan and Riken held a
    forum-selection clause contained in one agreement applicable to a dis-
    pute between the parties under a different agreement. Based on these
    cases, Astellas’s expert concluded that a Japanese court would find that
    the Safety Agreement is incidental to the Amended Basic License Agree-
    ment and, thus, the forum-selection clause in the Amended Basic License
    Agreement encompasses the instant dispute regarding the Safety Agree-
    ment. The cited cases and the affidavit of an expert are sufficient to
    establish Japanese law on the issue of whether the Safety Agreement is
    incidental to the Amended Basic License Agreement. See United States
    v. Mitchell, 
    985 F.2d 1275
    , 1280 (4th Cir. 1993) ("In determining ques-
    tions of foreign law, courts have turned to a wide variety of sources
    including affidavits and expert testimony from . . . a South African attor-
    ney; foreign case law . . . ; and the court’s own independent research and
    analysis of a Yugoslavian law." (citations and internal quotations omit-
    ted)).
    10         SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA
    License Agreement is a successor agreement to the Basic Agreement.
    The Safety Agreement, then, had no independent validity apart from
    the continued validity of the Basic Agreement. When that agreement
    was succeeded by the Basic License Agreement, the Safety Agree-
    ment either became null or was extended by the force of the Basic
    License Agreement. As the parties continued to exchange information
    under the Safety Agreement after the effectiveness of the Basic
    License Agreement (and, later, the Amended Basic License Agree-
    ment), the latter must have occurred. Given this, it is hard to conceive
    of the Safety Agreement as anything but subordinate to the Amended
    Basic License Agreement, when the Safety Agreement would have no
    continued validity without the Amended Basic License Agreement.
    In addition, the Safety Agreement lists as its purpose the facilita-
    tion of exchange of safety information. It does not contain any inde-
    pendent obligations of the parties beyond that exchange, nor does it
    list the contemplated reliance of the parties on the information. There
    is no governing law, confidentiality terms, or the like. Rather than
    having the attributes of an independent agreement, the Safety Agree-
    ment reads as a specific explication of procedures for sharing safety
    information as contemplated by the Basic Agreement (and, later, the
    Basic License Agreement and Amended Basic License Agreement).
    Again, these attributes are the very definition of incidental. Cf. Kva-
    erner ASA v. Bank of Tokyo-Mitsubishi, Ltd., N.Y. Branch, 
    210 F.3d 262
    , 265 (4th Cir. 2000) (holding that agreement referencing "rights
    and remedies" of another agreement was subject to the referenced
    agreement’s arbitration clause).
    Finally, Sucampo cannot avoid the fact that the Safety Agreement
    is incidental to the Amended Basic License Agreement by artful
    pleading. Sucampo included a copy of the Amended Basic License
    Agreement with its complaint and referenced the agreement in its
    damage calculation. The Safety Agreement was executed under the
    Basic Agreement and contains none of the terms that one would
    expect from an independent agreement. In sum, even if we assume
    that the breach was confined to the terms of the Safety Agreement,
    because that agreement has no existence apart from the Amended
    Basic License Agreement, we would need to consult the Amended
    Basic License Agreement to fully adjudicate Sucampo’s claims. Cf.
    Drews Distributing, Inc. v. Silicon Gaming, Inc., 
    245 F.3d 347
    , 350
    SUCAMPO PHARMACEUTICALS v. ASTELLAS PHARMA                 11
    (4th Cir. 2001) ("Although the complaint carefully alleges only fraud
    in inducing Drews to enter into the Letter Agreement . . . , it expressly
    acknowledges . . . that the Letter Agreement ‘contemplated’ that the
    parties would enter into the Distributor Agreement, which ‘would
    control the rights of the parties as to the sale of these Odyssey
    machines.’")
    There is no reasonable reading of the word "incidental" in the
    forum-selection clause that would exclude the Safety Agreement from
    its coverage. Given this, Sucampo’s suit could only be filed in the
    Tokyo District Court, not the District Court of Maryland.
    IV.
    Because the Safety Agreement is incidental to the Amended Basic
    License Agreement, the forum-selection clause contained in the
    Amended Basic License Agreement governs Sucampo’s complaint.
    The District Court of Maryland was thus an improper venue and the
    ruling of the district court dismissing the suit is hereby affirmed.
    AFFIRMED
    

Document Info

Docket Number: 06-1036

Citation Numbers: 471 F.3d 544, 2006 WL 3759383

Judges: Gregory

Filed Date: 12/22/2006

Precedential Status: Precedential

Modified Date: 11/5/2024

Authorities (23)

Leroy v. Great Western United Corp. , 99 S. Ct. 2710 ( 1979 )

Grupo Dataflux v. Atlas Global Group, L. P. , 124 S. Ct. 1920 ( 2004 )

Scherk v. Alberto-Culver Co. , 94 S. Ct. 2449 ( 1974 )

R.A. Argueta, Husband Mary Argueta, Wife Grupo Sal ... , 87 F.3d 320 ( 1996 )

Employers Reinsurance Corp. v. Bryant , 57 S. Ct. 273 ( 1937 )

Stewart Organization, Inc. v. Ricoh Corp. , 108 S. Ct. 2239 ( 1988 )

Drews Distributing, Incorporated,plaintiff-Appellee v. ... , 245 F.3d 347 ( 2001 )

Peter Paul Mitrano v. Christopher J. Hawes, D/B/A Cjh Color ... , 377 F.3d 402 ( 2004 )

david-partington-reverend-leslie-s-hollowell-elvis-h-hester-jr-phyl , 443 F.3d 334 ( 2006 )

Firestone Tire & Rubber Co. v. Risjord , 101 S. Ct. 669 ( 1981 )

Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc. , 105 S. Ct. 3346 ( 1985 )

Carnival Cruise Lines, Inc. v. Shute , 111 S. Ct. 1522 ( 1991 )

Steel Co. v. Citizens for a Better Environment , 118 S. Ct. 1003 ( 1998 )

Ruhrgas Ag v. Marathon Oil Co. , 119 S. Ct. 1563 ( 1999 )

Fed. Sec. L. Rep. P 91,584 Avc Nederland B v. V. Atrium ... , 740 F.2d 148 ( 1984 )

United States v. Richard M. Mitchell , 985 F.2d 1275 ( 1993 )

Silva v. Encyclopedia Britannica Inc. , 239 F.3d 385 ( 2001 )

The Bremen v. Zapata Off-Shore Co. , 92 S. Ct. 1907 ( 1972 )

Kontrick v. Ryan , 124 S. Ct. 906 ( 2004 )

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