Gemini Technologies, Inc. v. Smith & Wesson Corp., No. 18-35510 (9th Cir. 2019)
Annotate this CaseThe Ninth Circuit reversed the district court's dismissal of a diversity action based on a forum selection clause in the parties' Asset Purchase Agreement. The panel applied its decision in Yei A. Sun v. Advanced China Healthcare, Inc., 901 F.3d 1081 (9th Cir. 2018), which was decided after the district court ruled in this case, and held that the forum-selection clause here was unenforceable because it contravened the strong public policy declared by Idaho Code 29-110(1). Therefore, the panel remanded so the district court could apply a traditional forum non conveniens balancing analysis.
Court Description: Forum Selection Clause. The panel reversed the district court’s dismissal of an action on the basis of a forum selection clause in the parties’ Asset Purchase Agreement. The panel applied the decision in Yei A. Sun v. Advanced China Healthcare, Inc., 901 F.3d 1081 (9th Cir. 2018), which was decided after the district court decision in this case, and M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 15 (1972). The panel held that the district court abused its discretion in enforcing the forum-selection clause that contravened the strong public policy announced by Idaho Code § 29-110(1), and was therefore unenforceable; and remanded so that the district court could apply a traditional forum non conveniens balancing analysis. The panel clarified that satisfaction of Bremen’s public policy factor continues to suffice to render a forum-selection clause unenforceable.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.