Purchaser's counterclaim in action for nonpayment alleging RICO conspiracy to under-assess the property is not subject to the forum selection clause in the contract of sale, as the activity is not a direct result of the performance of contractual duties.
Under federal common law, nonsignatories to a contract cannot be bound by equitable estoppel to a forum selection clause in the contract if the claimant has not specifically asserted entitlements or claimed duties under the contract.