Barnett v. Dyncorp Int’l, LLC

Plaintiff filed suit against DyncCorp, alleging that the company failed to give him all of the pay and benefits he was owed for work he did in Kuwait. DynCorp moved to dismiss on the basis of forum non conveniens, arguing that the Foreign Service Agreement’s forum-selection clause mandates that the action be litigated in Kuwait. The district court granted the motion, concluding that the forum-selection clause is valid, enforceable, and requires dismissal under Atlantic Marine Construction Co. v. United States District Court. Under either federal law or Texas’s choice-of-law rules, the court concluded that plaintiff can prevail only if enforcing the parties’ choice of Kuwaiti law and a Kuwaiti forum would contravene a “strong” or “fundamental” public policy of Texas. Because the court concluded that it would not, the court affirmed the judgment. View "Barnett v. Dyncorp Int'l, LLC" on Justia Law