To this end, the Court expressly held that the defendant (101) in Momentous had attorned
to the jurisdiction "by delivering a statement of defence responding to the merits of the plaintiffs' claim." (102) But this attornment was no longer operative in assessing the forum selection clause, whose effect was to be considered at the discretionary second stage of the jurisdictional inquiry.
By bringing their claim to that foreign court, the plaintiff "has necessarily attorned
to its jurisdiction in a way that cannot later be disputed"; as explained above, it is on this rationale that opt-in national class actions survive scrutiny regarding territorial limits to legislative and adjudicative jurisdiction.
This passage appears to overlook the fact that as the children were then in Nevada, the only effective action which the father could have taken would have been in the Court of that State where the mother's action was pending, and by applying to that Court he would have attorned
to its jurisdiction which was the very thing which he had determined not to do.
By commencing or participating in an action in the nominated forum, consumers would attorn
to the jurisdiction of the nominated court, in which case the jurisdictional basis of the action (strictly speaking) would not be the jurisdictional agreement, but would produce the same result.
Morrison argues that individuals must take positive steps to attorn
The lease should require that if the mortgage forecloses or takes a deed in lieu, the tenant will "attorn
" to the mortgagee or successor landlord at their election.
Holder stepped down before any cases were brought, but under currentAaAeAeA Attorn
General Loretta Lynch,AaAeAeA the Justice DepartmentAaAeAeA has since (http://www.ibtimes.com/wall-street-execs-beware-department-justice-prioritize-individual-prosecutions-2090 announced its redoubled intention to "hold individuals accountable."