09-3300 Rabe v. United Air Lines, Inc.

Listen to this article

Civil Procedure
Choice of law

A clause in employment contract with an employee in a foreign country stating that the laws of the United States apply is enforceable, even if the employee would not be subject to U.S. law otherwise.

“Rabé agreed to the term, as reflected not only by her signature but also by the required handwritten note saying that she accepted the choice of United States law and the choice of forum. The most reasonable interpretation of this employment agreement is that United agreed to application of the substance of United States law notwithstanding provisions that would otherwise point against its coverage because of Rabé’s status as an alien and the changing locations of her work. Rabé has stated claims for relief sufficient to withstand United’s motion to dismiss.”

Reversed and Remanded.

09-3300 Rabe v. United Air Lines, Inc.

Appeal from the United States District Court for the Northern District of Illinois, Pallmeyer, J., Hamilton, J.

Full Text