Law School Toolbox Podcast Episode 292: Listen and Learn -- The Erie Doctrine (Civ Pro)
Bar Exam Toolbox Podcast Episode 126: Listen and Learn -- The Erie Doctrine
A franchisee, Functional HIIT Fitness, has filed suit in U.S. District Court in the Eastern District of Michigan against a franchisor, F45 Training Incorporated, and five of its officers: Adam Gilchrist, Robert Deutsch, Marc...more
A recent ruling by the U.S. District Court for the District of Massachusetts in a restrictive covenant case, Ascend Learning, LLC v. Bryan and SPIN-Learning, LLC, No. 22-cv-11978 (August 16, 2023), has implications for the...more
In Luxury Concepts, Inc. v. Bateel International, LLC, a franchisee, Luxury Concepts, Inc. (LCI), sued a retail outlet and e-commerce franchisor, Bateel International LLC (Bateel), as well as multiple Bateel directors in...more
Florida’s Second District Court of Appeal recently issued an interesting and important decision on personal jurisdiction in today’s commercial world. Kapila v. RJPT, Ltd., Case No. 2D22-837 (Fla. 2d DCA Feb. 17, 2023)....more
The recent flurry of Biometric Information Privacy Act (BIPA) activity in California and elsewhere has called into question the effectiveness of an increasingly common defense to BIPA litigation in Illinois: that federal...more
Choice of law and choice of forum clauses in employment agreements are tricky business. Even though a Delaware LLC employer may think they have strong, iron-clad selection provisions in their employment agreements, the...more
Allied Fitting LP v. Steptoe & Johnson LLP et al., No. 4:20-cv-03447 (S.D. Tex. Jan. 21, 2021) - Brief Summary - A Texas federal district court dismissed a legal malpractice action brought by an international steel...more
On October 2, 2020, the U.S. Court of Appeals for the Fifth Circuit confronted the question whether a federal district court in Texas had jurisdiction to vacate an arbitration award in Florida. The district court answered...more
When any real estate investment deal goes badly and ends in litigation, there are many reasons why a potential plaintiff may prefer one forum versus another, including the location of witnesses and documents, location of...more
The Court of Appeals of Nebraska has affirmed the dismissal of a claim under a reinsurance participation agreement based on lack of personal jurisdiction....more
In 2014, Kimberly-Clark Corporation, a Delaware corporation, spun off Halyard Health, Inc., a Delaware corporation, pursuant to a distribution agreement. The distribution agreement required Halyard to indemnify Kimberly-Clark...more
Business Court Holds North Carolina Arbitration and Choice-of-Law Provisions Insufficient to Exercise Personal Jurisdiction over England-Based Company....more
EnerQuest Oil & Gas, L.L.C. v. Antero Resources Corporation, No. 02-18-000178CV, 2019 BL 130860 (Tex. App. – Fort Worth Apr. 11, 2019) - A Texas appellate court recently found that an out-of-state Oklahoma-based limited...more
Associaçio Brasileira de Medicina de Grupo, DBA Abramge v. Stryker Corp., US Court of Appeals for the Sixth Circuit, May 31, 2018 - An association of Brazilian health insurance providers sued Stryker, a Michigan...more
Not spelling out in your agreements, even in informal agreements, where disputes can be resolved and what law will govern them can lead to some unhappy results. That is exactly the position that United Excel Corporation and...more