Aguas Lenders Recovery Grp. LLC v. Suez, S.A., No. 08-1589

In an action to recover on a defaulted loan, dismissal of the action on forum non conveniens grounds is reversed where a non-signatory to an agreement may be bound by a forum selection clause and forum non conveniens waiver contained in contracts entered into by an entity alleged to be a predecessor in interest.

Read Aguas Lenders Recovery Grp. LLC v. Suez, S.A., No. 08-1589

Appellate Information

Argued: April 15, 2009

Decided: October 23, 2009

Judges

Opinion by Judge Winter

Counsel

For Appellant:

Jennifer R. Scullion, Louis M. Solomon, Daniella M. Rudy, Proskauer Rose LLP, New York, NY

For Appellee:

John J. Kerr, Jr., Simpson Thatcher & Bartlett LLP, New York, NY