Pascasio v. El Campo Memorial Hospital
4:20-cv-03919
| S.D. Tex. | Aug 25, 2021Background
- Robert Pascasio was El Campo Memorial Hospital’s COO from 2018 until his May 2020 termination two days before scheduled back surgery for severe sciatica.
- Pascasio alleges his termination was motivated by his need for medical leave and violated the Family and Medical Leave Act (FMLA).
- He also alleges El Campo violated ERISA/COBRA by failing to provide required post-termination notice after he requested it.
- Pascasio asserts breach of an Employment Agreement that required 30 days’ notice and provides certain post-termination compensation.
- The Employment Agreement contains a forum-selection clause: “Venue of any action concerning this Agreement shall be in Wharton County.”
- El Campo moved to dismiss under forum non conveniens relying on the clause; Pascasio conceded the clause’s validity but contended it did not encompass his FMLA/COBRA claims and that public-interest factors oppose dismissal. The Court granted dismissal without prejudice to refiling in Wharton County.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the forum-selection clause covers Pascasio's FMLA and COBRA claims | Pascasio: clause is narrowly limited to contract interpretation/enforcement and does not apply to federal statutory claims | El Campo: clause covers “any action concerning this Agreement,” so it reaches claims logically connected to the employment relationship, including FMLA/COBRA | The clause is broad; FMLA and COBRA claims fall within its scope because they arise from the employment relationship created by the Agreement |
| Whether public-interest factors overwhelmingly disfavor dismissal despite a valid, mandatory forum-selection clause | Pascasio: Wharton County is less resourced than SDTX (fewer courts), making it an unfavorable forum | El Campo: parties bargained for Wharton County; public-interest factors do not overwhelmingly oppose dismissal | Plaintiff failed to show public-interest factors overwhelmingly disfavor dismissal; dismissal for forum non conveniens granted |
Key Cases Cited
- Atl. Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Tex., 571 U.S. 49 (2013) (framework for enforcing forum-selection clauses via forum non conveniens; private factors deemed to favor selected forum)
- Karim v. Finch Shipping Co., 265 F.3d 258 (5th Cir. 2001) (forum non conveniens doctrine and considerations)
- John Wyeth & Bro. Ltd. v. CIGNA Int’l Corp., 119 F.3d 1070 (3d Cir. 1997) (scope of forum-selection clauses; construing breadth of "related to" language)
- Schering Corp. v. First Databank, Inc., 479 F. Supp. 2d 468 (D.N.J. 2007) (forum-selection clause language like "concerning" is broadly interpreted)
- Wellogix, Inc. v. SAP Am., Inc., 58 F. Supp. 3d 766 (S.D. Tex. 2014) (applying Atlantic Marine’s analysis in this district)