The Bremen v. Zapata Off-Shore Co.

Zapata Off-Shore (plaintiff) contracted with Unterweser (defendant) to tow Zapata's drilling rig from Louisiana to Italy, with the contract designating the London Court of Justice as the forum for disputes; a storm damaged the rig mid-tow in the Gulf of Mexico, and Unterweser's ship towed the rig to the closest port, in Florida, prompting Zapata to sue for damages in Florida federal court. Unterweser moved to dismiss based on the forum-selection clause, but the district court denied the motion in reliance on Carbon Black Export, Inc. v. The Monrosa, and the court of appeals affirmed on the same basis before the Supreme Court granted certiorari.