Carlyle Investment Mgmt. v. Moonmouth Co. — contract — affirmance — Roth

The Third Circuit today affirmed a district court order applying a forum-selection clause and remanding to state court. The clause appeared in a contract between A & B. A is affiliated with X, B is affiliated with Y. The court held that the A and B’s contract was enforceable against X & Y.

Joining Roth were Hardiman and Scirica. Arguing counsel were Alan Kolod for the appellant and Sarah Teich for the appellees.

I posted earlier today how much I enjoyed today’s Scotus opinions in Yates v. United States. Let me illustrate on reason why. After the intro, here is the first paragraph of the Yates dissent:

While the plurality starts its analysis with §1519’s
heading, see ante, at 10 (“We note first §1519’s caption”), I
would begin with §1519’s text. When Congress has not
supplied a definition, we generally give a statutory term
its ordinary meaning. See, e.g., Schindler Elevator Corp.
v. United States ex rel. Kirk, 563 U. S. ___, ___ (2011) (slip
op., at 5). As the plurality must acknowledge, the ordinary meaning of “tangible object” is “a discrete thing that
possesses physical form.” Ante, at 7 (punctuation and
citation omitted). A fish is, of course, a discrete thing that
possesses physical form. See generally Dr. Seuss, One
Fish Two Fish Red Fish Blue Fish (1960). So the ordinary
meaning of the term “tangible object” in §1519, as no
one here disputes, covers fish (including too-small red
grouper).

Meanwhile, here is the first paragraph after the intro of Carlyle Investment:

Plaintiffs are Carlyle Investment Management, L.L.C.,
a large publicly traded investment management firm; two
affiliated entities, TC Group, L.L.C. and TCG Holdings,
L.L.C.; three founders and officers of Carlyle, David
Rubinstein, Daniel D’Aniello, and William Conway, Jr.; and
three Carlyle-affiliated former directors of Carlyle Capital
Corporation Ltd. (CCC), James Hance, John Stomber, and
Michael Zupon. Defendants are Louis J.K.J. Reijtenbagh;
three entities he owns and controls, Plaza, Moonmouth
Company S.A., and Parbold Overseas Ltd.; and an affiliated
Dutch company, Stichting Recovery CCC. The record
indicates that Plaza is the only corporate defendant that has
not been dissolved.

Different styles.