Tag Archives: venue

Choice of Law and Bankruptcy Transfers: Sixth Circuit Tackles Both in Personal Injury Case

In a split decision issued late last week, the Sixth Circuit overturned a Michigan district court’s disposition of a tort suit from North Carolina arising out of allegedly faulty breast implants. In noting that “a venue transfer is not alchemy,” the court also construed complex choice-of-law issues in light of the Bankruptcy Code. Over 20 … Continue Reading

ERISA Forum Selection Clauses And Skidmore Deference

In Smith v. Aegon Companies Pension Plan (No. 12-5492), the Sixth Circuit decided whether to enforce a forum selection clause that was included in an ERISA plan seven years after the plaintiff’s benefits accrued.  The Secretary of Labor filed an amicus brief arguing that such clauses are incompatible with ERISA, which requires access to federal … Continue Reading