No. 18-1484

Zimmer Biomet Holdings, Inc., et al. v. United States District Court for the Northern District of California, et al.

Lower Court: Ninth Circuit
Docketed: 2019-05-29
Status: Denied
Type: Paid
Experienced Counsel
Tags: atlantic-marine convenience-of-parties district-court-discretion federal-courts federal-policy forum-selection forum-selection-clause judicial-precedent mandamus mandamus-relief public-policy state-policy transfer-of-venue
Key Terms:
Jurisdiction
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a district court's disregard of Atlantic Marine is sufficient grounds for mandamus relief

Question Presented (from Petition)

QUESTIONS PRESENTED In Atlantic Marine Construction Co. v. United States District Court, 571 U.S. 49, 52 (2018), a district court refused to enforce a forum-selection clause, denying the defendant’s motion to transfer based partly on concern for the plaintiff’s convenience. The court of appeals then denied the defendant’s mandamus petition, and this Court unanimously reversed. “When a defendant files such a motion,” the Court held, “a district court should transfer the case unless extraordinary circumstances unrelated to the convenience of the parties clearly disfavor a transfer.” The district court below also refused to enforce a forum-selection clause. Without acknowledging, much less following, Atlantic Marine’s holding on the subject, the district court denied petitioners’ motion to transfer based on California’s public policy concern for California plaintiffs’ convenience. And the Ninth Circuit summarily denied petitioners’ mandamus petition notwithstanding the district court’s disregard of Atlantic Marine. The questions presented are: 1. Whether a district court’s disregard of Atlantic Marine is sufficient grounds for mandamus relief. 2. Whether federal courts may refuse to enforce a forum-selection clause because of a public policy of the state in which the plaintiff inappropriately filed suit.

Docket Entries

2019-10-07
Petition DENIED.
2019-08-07
DISTRIBUTED for Conference of 10/1/2019.
2019-08-06
Reply of petitioners Zimmer Biomet Holdings, Inc., et al. filed.
2019-07-23
Brief of respondent James Karl in opposition filed.
2019-06-18
Motion to extend the time to file a response is granted and the time is extended to and including July 29, 2019.
2019-06-12
Motion to extend the time to file a response from June 28, 2019 to July 28, 2019, submitted to The Clerk.
2019-05-24
Petition for a writ of certiorari filed. (Response due June 28, 2019)

Attorneys

James Karl
Jason LohrLohr Ripamonti & Segarich LLP, Respondent
Jason LohrLohr Ripamonti & Segarich LLP, Respondent
Zimmer Biomet Holdings, Inc., et al.
Thomas M. PetersonMorgan, Lewis & Bockius LLP, Petitioner
Thomas M. PetersonMorgan, Lewis & Bockius LLP, Petitioner