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Shell v. R.W. Sturge, Ltd.

Tribunal: This case is an appeal, so both the lower court (trial court) and the higher court (appeals court) decisions are important. The investors (appellants) sought review of a decision (meaning that they didn't like the lower court's holding so they appealed to a higher court) from the United States District Court for the Southern District of Ohio, which dismissed their action. Now the case is being heard in the US Court of Appeals for the 6th Circuit.

Parties: The plaintiff-appellants are Shell, Hauck, and Middendorff. They represent a class of Ohio individuals who invested in the defendant-appellees foreign insurance market, R.W. Sturge and the Council/Society/Corporation of Lloyd's. The plaintiffs are trying to rescind their investment contracts with the defendants by suing under Ohio securities law.

Issues: There are a few issues present in this case. Here are two to get you started: Are the forum selection clauses in the contracts enforceable? Is the fact that parties will have to structure their case differently in a foreign court than if they were litigating in federal court a ...