In Carlyle Investment Management LLC v. Moonmouth, 779 F.3d 214 (3rd Cir. 2015), the U.S. Court of Appeals for the Third Circuit affirmed the judgment of the U.S. District Court for the District of Delaware remanding the case to state court pursuant to a forum selection clause in an agreement to which the appellant was not a signatory. The case is instructive for its application of Delaware law to the question of when a non-signatory to an agreement will be bound by its forum selection clause and whether the forum selection clause can be enforced by another non-signatory.
The case had a tortuous background. The plaintiffs below included Carlyle Investment Management, a large publicly traded investment-management firm; two affiliated entities; three founders and officers of Carlyle; and three Carlyle-affiliated former directors of Carlyle Capital Corp. (CCC). The defendants included an individual, Louis J.K.J. Reijtenbagh, and three entities he owned and controlled, including Moonmouth Co. S.A. and the appellant, Plaza Management Overseas.
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