Martinez v. Bloomberg LP
883 F. Supp. 2d 511
S.D.N.Y.2012Background
- Plaintiff Brian Martinez sues Bloomberg LP and two employees for ADA termination and NYSHRL/NYCHRL claims.
- Martinez’s London contract includes a forum selection clause: English courts have exclusive jurisdiction.
- Defendants move to dismiss under Rule 12(b)(3) for improper venue; argue clause requires UK proceeding.
- Martinez previously filed a UK Employment Tribunal claim, later withdrawn, citing cost and other barriers.
- Court concludes venue in SDNY is improper and enforces the forum selection clause to dismiss US action.
- District Court does not address state-law claims after dismissing those against Bloomberg and Lack; Henderson to show cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the forum selection clause cover discrimination claims? | Martinez argues discrimination claims fall outside the clause. | Bloomberg/Lack contend all disputes arising under the contract fall within the clause. | Yes, discrimination claims arise under the contract and are within the clause. |
| May the clause be enforced given English law interpretation and bargaining power? | Fiona Trust limits on employment context; clause should not apply to discrimination claims. | English-law interpretation broadens forum clauses; contract-driven discrimination claims fall within clause. | Enforceable; clause interpreted under English law and broadly construed. |
| Is the presumption of enforceability rebuttable? | Enforcement would be unjust due to statute limitations, remedies, and costs in England. | Presumption is strong; only four narrow grounds allow rebuttal. | Martinez fails to establish grounds to rebut presumption. |
| What governing law governs interpretation of the forum clause? | Contractual analysis should be under some other standard; English law applies per clause. | Choice-of-law clause selects English law; English law governs interpretation. | English law governs interpretation; clause applies. |
Key Cases Cited
- Bremen v. Zapata Off-Shore Co., 407 U.S. 1 (U.S. 1972) (strong policy in favor of enforcing forum selection clauses)
- Roby v. Corp. of Lloyd’s, 996 F.2d 1353 (2d Cir. 1993) (strong public policy in favor of forum selection clauses)
- Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585 (U.S. 1991) (enforcement of forum selection clauses in contracts)
- Phillips v. Audio Active, Ltd., 494 F.3d 378 (2d Cir. 2007) (four-part test for enforceability of forum-selection clauses)
- Aguas Lenders Recovery Grp., LLC v. Suez, S.A., 585 F.3d 696 (2d Cir. 2009) (presumption of enforceability; narrow exceptions)