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Source Federal Executive Power Federal Executive Power Showing the closest available flashcard practice.

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0 tracked cards Civil Procedure

A commercial contract contains a valid clause requiring suit in the federal District of State M. The plaintiff files in the federal District of State N, where venue is otherwise proper under Section 1391.
How is the clause ordinarily enforced?

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A valid forum-selection clause choosing another federal forum is ordinarily enforced through a Section 1404(a) transfer, absent extraordinary public-interest reasons. A forum-selection clause always makes venue improper in every nonchosen forum under Section 1391. A forum-selection clause is enforced only by arresting the plaintiff. A valid forum-selection clause is ignored whenever the plaintiff files somewhere else first.

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