Christopher A. Rogalski v. Laureate Education, Inc.

Must the result of a motion to dismiss based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) be considered the same as a dismissal for forum non-conve­ niens? (Suggested answer is in the affirmative. Allanlic Marine.) Mueller v. Apple Leisure Corp.. Case No. 16-2885, 2018 WL 563983 (7th Cir. Jan. 26, 2018),

When a district court dismisses a complaint based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) does it "deny audience to a case on the merits," such that it is only “a determination that the merits should be adjudicated else­ where”? (Suggested answer is in the affirmative. Sinochem Intern. Co. Ltd, v. Malay. Intern. Shipping Cory., 549 U.S. 422, 432 (2007))

When a District Cpurt dismisses a case based upon a claimed forum selection clause under F.R.C.P. 12(b)(6) does a Court of Appeals have jurisdiction under 28 U.S.C. § 1291 to decide the merits of the case under the collateral order doctrine? (Suggested answer is in the negative.)

Alternatively, did the Third Circuit Court of Appeals err by failing to certify the issue of the accrual of the statute of limitations for university/student contract or quasi contract to the New Jersey Supreme Court when precedent from the only intermediate appellate court in New Jersey declares that to be the law, contrary to the Third Circuit's declaration that commercial contract law precedent applies? (Suggested answer is in the affirmative.)