Murphy v. Schneider National, Inc.

Plaintiff Charles E. Murphy was injured on premises owned by Defendant Trane Company (“Trane”) while Murphy was working as a long haul trucker for Defendant Schneider National, Inc. (“Schneider”). Murphy filed a personal injury action against Schneider and Trane in the United States District Court for the District of Oregon, based on diversity of citizenship. Schneider filed a motion to dismiss the action for improper venue, asserting that venue was proper only in Wisconsin state court because of the forum selection clause in Murphy’s employment contract with Schneider. Trane also filed a motion, asserting that Murphy’s claims against Trane should be dismissed based on forum non conveniens if the district court enforced the forum selection clause between Murphy and Schneider. The district court enforced the forum selection clause and granted Trane’s motion to dismiss based on forum non conve-niens. Murphy appeals the dismissal of his action against Schneider and Trane. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we vacate in part and remand.

I

Murphy is a long haul truck operator and a resident of Oregon since 1995. In 1992 he began working for Schneider as a hauler.…