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Santa Clara Law Review


LIMITS ON DAMAGES FOR BREACH OF A FORUM SELECTION CLAUSE
Abstract: When a plaintiff sues in a court other than the one designated in a forum selection clause, the defendant’s remedial options are limited. It can ask the court to dismiss the case outright. Or it can ask the court to transfer the case to the designated forum. The defendant typically cannot, however, recover money damages—in the form of attorneys’ fees and related expenses—that it incurs in the course of persuading the court that transfer or dismissal is appropriate.
John Coyle, Tanya Monestier
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