Shell V R.W Sturge Ltd Case Brief
By: DJDONTSTOP • August 16, 2017 • Research Paper • 490 Words (2 Pages) • 2,888 Views
Shell v R.W Sturge LTD Case Brief
ISSUES:
Did Shell file a motion under improper venue?
Should the Courts ignore R.W Sturge’s forum selection clause and choice of law clauses?
RULE:
A forum selection clause in an international agreement should be enforced unless the plaintiff’s can clearly show that (1) enforcement would be unreasonable and unjust or (2) the clause was invalid for such reasons as fraud and overreaching. Forum selection clauses are presumed to be valid because they provide for orderliness and predictability. (AUGUST, 2013, p. 138)
APPLICATION:
On November 1, 1993, plaintiffs Andrew Hauck and West Shell filed this action in the Court of Common Pleas in Hamilton County, Ohio claiming that defendants Sturge, Lloyd’s, the Corporation, and the Council violated Ohio securities law by selling unregistered and non-exempt securities in violation of chapter 1707 of the Ohio Revised Code. ("PPT – SHELL v. R.W. STURGE, LTD. United States Court of Appeals for the Sixth Circuit 55 F.3d 1227 1195 19 PowerPoint presentation n.d.) Plaintiffs tried to rescind the contracts and be returned to their original position, because in most years the plaintiff-received profits, but in recent years profits declined. The plaintiffs also offered to return back any benefits that they had received from their investment with Lloyd’s. (AUGUST, 2013, p. 129) Defendants have demanded certain purposes of their motion to dismiss that this action involves a security under Ohio securities law. A magistrate judge, following a hearing, recommended that the motion to dismiss for improper venue be granted. The District Court adopted this recommendation on Dec.22, 1993. ("PPT – SHELL v. R.W. STURGE, LTD. United States Court of Appeals for the Sixth Circuit 55 F.3d 1227 1195 19 PowerPoint presentation n.d.) The District Court’s order granting the defendants’ motion to dismiss was AFFIRMED because the action involves a security under Ohio securities law. The defendants’ won. . ("PPT – SHELL v. R.W. STURGE, LTD. United States Court of Appeals for the Sixth Circuit 55 F.3d 1227 1195 19 PowerPoint presentation n.d.)
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