5. When a district court is asked to transfer an action pursuant to a venue-selection clause, should the motion be analyzed under the multifactor test of 28 U.S.C. § 1404 or under the reasonableness test of The Bremen, p. 194, supra? Does your analysis differ if the court is asked to enforce the venue-selection clause through dismissal under Federal Rule 12(b)(3)?

See Union Electric Co. v. Energy Insurance Mutual Ltd., 689 F.3d 968 (8th Cir. 2012). Does you answer change if the court is sitting in diversity? See Chapter 6, infra. The Supreme Court has granted certiorari to resolve questions pertaining to the interplay of motions to dismiss or transfer under Rule 12(b)(3) and 28 U.S.C. § 1404(a). See Atlantic Marine Construction Co., Inc. v. U.S. District Court for the Western District of Texas, 133 S.Ct. 1748, 2013 WL 1285318 (2013).