Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.
Is it still good law? What later courts have actually done to this case.
Status
150 later cases cite Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.; 150 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Limited
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The district court declined to extend Mitsubishi's prospective-waiver statement from antitrust remedies to federal securities remedies in an international forum-selection agreement.
Bonny v. Society of Lloyd's · N.D. Ill. · filed
But even assuming that there is a prospective waiver of securities law remedies here, it is doubtful that such a waiver can obviate the strong presumption of validity of the forum selection clauses.
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The en banc Ninth Circuit declined to extend Mitsubishi's footnote about prospective waiver of antitrust remedies to override Scherk in an international securities transaction.
Richards v. Lloyd's of London · Ninth Circuit · filed
Without question this case would be easier to decide if this footnote in Mitsubishi had not been inserted. Nevertheless, we do not believe dictum in a footnote regarding antitrust law outweighs the extended discussion and holding in Scherk on the validity of clauses specifying the forum and applicable law.
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The Supreme Court of California declined to extend Mitsubishi's private-dispute arbitration rule to a CLRA injunction pursued primarily for the public's benefit.
Broughton v. Cigna Healthplans · Supreme Court of California · filed
Because we conclude that the FAA does not compel private arbitration of public injunctions, we need not consider plaintiffs’ related argument that the Tenth Amendment precludes interpreting the FAA to prohibit legislatures from delegating enforcement of public injunctions exclusively to the courts.
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The Supreme Court declined to extend Mitsubishi's effective-vindication exception to cases where proving an available individual statutory remedy is economically impractical.
American Express Co. v. Italian Colors Restaurant · Supreme Court of the United States · filed
But the fact that it is not worth the expense involved in proving a statutory remedy does not constitute the elimination of the right to pursue that remedy.
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