October Term 2013 · Docket 12-929
Can a contract clause override federal venue rules?
A construction firm wants to move a lawsuit to Virginia. The opposing party wants to keep it in Texas.
Verified source milestones
- — An official oral-argument transcript was verified.
- — An official oral-argument transcript was verified.
The arguments, in order
This case may have been argued more than once. Each entry below uses that session's official transcript. Later arguments do not erase earlier ones.
Argument 1 ·
What happened at the argument
the side that brought the case argued forum selection clauses are common in contracts. It urged the Court to enforce them as written.
the opposing side argued the case belongs in Texas. It noted the work, witnesses, and evidence are located there.
Justice Alito questioned the distinction between venue and jurisdiction. He cited a case where the court denied a motion to dismiss.
Read the official transcript for this argument · Official argument details
Sources used for this argument breakdown
- Official Supreme Court Transcript — file page 10, lines 7-15 — Transcript, file page 10, lines 7-15
- Official Supreme Court Transcript — file page 11, lines 31-31 — Transcript, file page 11, lines 31-31
- Official Supreme Court Transcript — file page 11, lines 33-41 — Transcript, file page 11, lines 33-41
- Official Supreme Court Transcript — file page 12, lines 25-27 — Transcript, file page 12, lines 25-27
- Official Supreme Court Transcript — file page 12, lines 3-11 — Transcript, file page 12, lines 3-11
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 3, lines 51-7 — Transcript, file page 3, lines 51-7
- Official Supreme Court Transcript — file page 3, lines 7-19 — Transcript, file page 3, lines 7-19
- Official Supreme Court Transcript — file page 4, lines 41-7 — Transcript, file page 4, lines 41-7
- Official Supreme Court Transcript — file page 5, lines 41-9 — Transcript, file page 5, lines 41-9
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
- Official Supreme Court Transcript — file page 6, lines 41-5 — Transcript, file page 6, lines 41-5
- Official Supreme Court Transcript — file page 7, lines 11-21 — Transcript, file page 7, lines 11-21
- Official Supreme Court Transcript — file page 8, lines 19-45 — Transcript, file page 8, lines 19-45
- Official Supreme Court Transcript — file page 9, lines 25-1 — Transcript, file page 9, lines 25-1
A citizen's guide to the whole case
What this case is about
The case tests whether a contract clause can force a lawsuit into a specific court. the side that brought the case argues the clause is binding. the opposing side argues the clause cannot override federal law.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
How the case got here
The Supreme Court heard oral argument in this case on October 9, 2013.
Official sources for this section
- Official Supreme Court Transcript — file page 3, lines 7-19 — Transcript, file page 3, lines 7-19
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
What each side wants
the side that brought the case wants the court to enforce the contract clause. It seeks to move the case to Virginia.
the opposing side wants the court to keep the case in Texas. It seeks to litigate where the work occurred.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
What each side says
the side that brought the case argues the clause is a binding contract term. It claims courts must enforce it as written.
the opposing side argues the clause cannot create jurisdiction. It claims federal law controls venue selection.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
What the justices asked
Justice Kagan asked if parties can create personal jurisdiction by contract.
Justice Kennedy asked if treatises treat forum clauses as venue provisions.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 7-15 — Transcript, file page 10, lines 7-15
- Official Supreme Court Transcript — file page 11, lines 31-31 — Transcript, file page 11, lines 31-31
- Official Supreme Court Transcript — file page 11, lines 33-41 — Transcript, file page 11, lines 33-41
- Official Supreme Court Transcript — file page 12, lines 25-27 — Transcript, file page 12, lines 25-27
- Official Supreme Court Transcript — file page 12, lines 3-11 — Transcript, file page 12, lines 3-11
- Official Supreme Court Transcript — file page 3, lines 51-7 — Transcript, file page 3, lines 51-7
- Official Supreme Court Transcript — file page 4, lines 41-7 — Transcript, file page 4, lines 41-7
- Official Supreme Court Transcript — file page 5, lines 41-9 — Transcript, file page 5, lines 41-9
- Official Supreme Court Transcript — file page 6, lines 41-5 — Transcript, file page 6, lines 41-5
- Official Supreme Court Transcript — file page 7, lines 11-21 — Transcript, file page 7, lines 11-21
- Official Supreme Court Transcript — file page 8, lines 19-45 — Transcript, file page 8, lines 19-45
- Official Supreme Court Transcript — file page 9, lines 25-1 — Transcript, file page 9, lines 25-1
Why it matters
This dispute defines the power of private contracts over federal court rules. It affects how businesses structure litigation risks. It determines whether parties can choose their forum by agreement.
Official sources for this section
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
What happens next
This article currently covers the argument record. Use the official docket link for later case activity.
Official sources for this section
- Official Supreme Court Transcript — file page 10, lines 7-15 — Transcript, file page 10, lines 7-15
- Official Supreme Court Transcript — file page 11, lines 31-31 — Transcript, file page 11, lines 31-31
- Official Supreme Court Transcript — file page 11, lines 33-41 — Transcript, file page 11, lines 33-41
- Official Supreme Court Transcript — file page 12, lines 25-27 — Transcript, file page 12, lines 25-27
- Official Supreme Court Transcript — file page 12, lines 3-11 — Transcript, file page 12, lines 3-11
- Official Supreme Court Transcript — file page 3, lines 51-7 — Transcript, file page 3, lines 51-7
- Official Supreme Court Transcript — file page 3, lines 7-19 — Transcript, file page 3, lines 7-19
- Official Supreme Court Transcript — file page 4, lines 41-7 — Transcript, file page 4, lines 41-7
- Official Supreme Court Transcript — file page 5, lines 41-9 — Transcript, file page 5, lines 41-9
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
- Official Supreme Court Transcript — file page 6, lines 41-5 — Transcript, file page 6, lines 41-5
- Official Supreme Court Transcript — file page 7, lines 11-21 — Transcript, file page 7, lines 11-21
- Official Supreme Court Transcript — file page 8, lines 19-45 — Transcript, file page 8, lines 19-45
- Official Supreme Court Transcript — file page 9, lines 25-1 — Transcript, file page 9, lines 25-1
Official Court provenance
Official docket and case history · Official Supreme Court oral-argument detail page
Title and summary sources
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
- Official Supreme Court Transcript — file page 26, lines 41-3 — Transcript, file page 26, lines 41-3
- Official Supreme Court Transcript — file page 3, lines 21-49 — Transcript, file page 3, lines 21-49
- Official Supreme Court Transcript — file page 57, lines 13-17 — Transcript, file page 57, lines 13-17
Revision history
- Revision 1 · Official Transcript ·
Correction: Rewritten to the concise citizen-facing editorial standard.
- Revision 2 · Official Transcript ·
Correction: Migrated to the dated official Court activity contract without model use.