12(b) What? Slater and Enforcing Forum Selection Clauses Through Dismissal

Abstract

On March 8, 2011, the U.S. Court of Appeals for the Eleventh Circuit held in Slater v. Energy Services Group International, Inc. that Rule 12(b)(3) governs motions to dismiss under a forum selection clause, whereas 28 U.S.C. § 1404(a) governs motions to transfer under a forum selection clause. In doing so, the Eleventh Circuit further weighed in on the disagreement among the circuit courts of appeal over the proper mechanism to enforce a forum selection clause through dismissal. This Comment argues that although the Eleventh Circuit’s holding in Slater is inconsistent with the Supreme Court’s holding in Stewart Organization, Inc. v. Ricoh Corp., the holding furthers sentiments implicit in the Supreme Court’s holding and furthers principles behind forum selection clauses more broadly.