Sierra Frac Sand, LLC v. CDE Global Limited, No. 19-40489 (5th Cir. 2020)Annotate this Case
After plaintiff filed suit for fraud, misrepresentation, and breach of contract, defendant moved to dismiss under the doctrine of forum non conveniens based on a forum-selection clause found in a document external to, but incorporated into, the parties' contract.
The Fifth Circuit affirmed the district court's enforcement of the forum-selection clause and dismissal of the complaint. The court held that the forum-selection clause was incorporated into the contract and is binding. In this case, all the forum non conveniens private-interest factors weigh in defendant's favor of litigating the case in Northern Ireland. Furthermore, there are no unusual circumstances that warrant retaining the litigation in Texas.