Albemarle Corp. v. AstraZeneca UK Ltd., 10-1000
Dismissal of plaintiff's breach of contract suit against Astrazeneca for improper venue under English law
Albemarle Corp. v. AstraZeneca UK Ltd., 10-1000, concerned plaintiff's breach of contract suit against defendant AstraZeneca UK Ltd. claiming that defendant breached its duty to give plaintiff the first right of refusal to supply defendant with propofol, used in manufacturing a fast-acting anesthetic.
In affirming the district court's grant of defendant's motion to dismiss for improper venue, the court held that, applying English law to construe the forum selection clause, the clause requires that this litigation be pursued in the designated English court, and enforcing the forum selection clause in this manner is not unreasonable, as unreasonableness is detailed in the Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 15-18 (1972).
- Read the Fourth Circuit's Full Decision in Albemarle Corp. v. AstraZeneca UK Ltd., 10-1000