News & Analysis as of

Exclusive Jurisdiction

Proskauer - Corporate Defense and Disputes

Dutch Court Approves Collective Settlement of Fortis Shareholders’ Claims

The Amsterdam Court of Appeal has approved a €1.3 billion collective settlement of claims asserted on behalf of shareholders of the former Fortis (now Ageas). The July 13, 2018 decision again shows that the Dutch Act on...more

Jones Day

Don’t Try to Enforce Forum Selection Clauses at the ITC

by Jones Day on

A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses that typically bind private parties to raise disputes in a...more

Allen & Overy LLP

English court refuses to respect foreign exclusive jurisdiction clause

by Allen & Overy LLP on

Despite an exclusive jurisdiction clause in favour of the Angolan courts, the High Court was satisfied that England was the appropriate forum to hear a claim by the Republic of Angola and Angola’s central bank against several...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Hears Argument in CRISPR Patent Priority Dispute

Today, the U.S. Court of Appeals for the Federal Circuit heard argument in University of California v. Broad Institute on whether the Patent Trial and Appeal Board (PTAB) correctly held that both the University of California...more

Holland & Hart - Fiduciary Law Blog

Asset Protection Statute Cannot Limit Jurisdiction of Another State

The Supreme Court of Alaska issued a ruling on March 2, 2018, denying Alaska courts the exclusive jurisdiction purportedly granted by the Alaska asset protection statute. This holding is consistent with a ruling by the...more

Carlton Fields

Sixth Circuit Finds That Compelling Arbitration Does Not Impair State Interest In Exclusive Jurisdiction Over Matter Already...

by Carlton Fields on

The Sixth Circuit Court of Appeals has found that Kentucky’s Insurers Rehabilitation and Liquidation Law (IRLL) did not reverse-preempt the Federal Arbitration Act so as to prohibit the arbitration of a dispute when that...more

Carlton Fields

Delegation Clause Must Clearly Contemplate Arbitrability Of Disputes With Non-Signatories To Be Enforced In Those Disputes

by Carlton Fields on

A delegation clause that gave the arbitrators “exclusive jurisdiction over the entire matter in dispute, including any question as to its arbitrability,” was found insufficient to require submission to the arbitrators of...more

Mulcahy LLP

Does The California Department Of Alcoholic Beverage Control Have Exclusive Jurisdiction Over All Disputes Involving The Sale Of...

by Mulcahy LLP on

The Department of Alcoholic Beverage Control has the “exclusive power […] to license the manufacture, importation and sale of alcoholic beverages in this State.” The law expressly prohibits California trial courts from...more

Charles (Chuck) Rubin

State Asset Protection Trusts Take Another Hit

by Charles (Chuck) Rubin on

Numerous states have statutes that allow for the creation of self-settled discretionary trusts that are protected from claims of the settlor while allowing the settlor to be a discretionary beneficiary. Such trusts are likely...more

Holland & Knight LLP

Illinois General Assembly Begins to Exercise Its Exclusive Authority Over Firearms

by Holland & Knight LLP on

• The Illinois General Assembly has approved a bill that, if signed by Gov. Bruce Rauner, would make it unlawful for a person to engage in the business of selling, leasing or otherwise transferring firearms without a license...more

Perkins Coie

White House Proposes to Streamline Environmental Reviews for Infrastructure Projects

by Perkins Coie on

The Washington Post last week reported a leaked White House document that revealed a far-reaching set of proposals to streamline the environmental review process for infrastructure projects. The 23-page document included more...more

Perkins Coie

Supreme Court Sends Challenges to Clean Water Rule to Federal District Courts

by Perkins Coie on

In a unanimous decision on January 22, the U.S. Supreme Court ruled that challenges to the Obama administration’s 2015 Clean Water Rule must be brought in federal district courts rather than directly in the courts of appeals....more

Husch Blackwell LLP

U.S. Supreme Court Sends Waters of the US Rule to District Courts; Nationwide Stay in Question

by Husch Blackwell LLP on

On January 22, 2018, the U.S. Supreme Court unanimously held that challenges to the 2015 Waters of the United States Rule (the “WOTUS Rule” or “Rule”) belong in district court rather than the appellate court. The WOTUS Rule...more

Burr & Forman

Fourth Circuit Holds that Federal Courts Have Concurrent Jurisdiction with Surface Transportation Board over ICCTA Claims

by Burr & Forman on

On November 16, 2017, the United States Court of Appeals for the Fourth Circuit joined the First, Fifth and Sixth Circuits in ruling that claims arising from the Interstate Commerce Commission Termination Act (“ICCTA”) can be...more

Fox Rothschild LLP

Where Should Custody And Parenting Issues Be Decided?

by Fox Rothschild LLP on

Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply...more

Kramer Levin Naftalis & Frankel LLP

Forum Selection in New York

Credit documents in lending transactions commonly contain a choice of forum provision setting forth the agreement of the parties to submit to the jurisdiction of the New York state courts and federal courts sitting in the...more

Pillsbury Winthrop Shaw Pittman LLP

Ninth Circuit Decision Expands U.S. Jurisdiction for International Nuclear Liability - The Ninth Circuit allowed U.S. service...

On June 22, 2017, a three-judge panel on the Ninth Circuit issued a unanimous decision in Cooper v. Tokyo Electric Power. The case is unique as it is the only claim brought in the United States for damages arising out of the...more

Allen & Overy LLP

Construction of competing jurisdiction clauses

by Allen & Overy LLP on

The Commercial Court has upheld an Italian local authority’s jurisdiction challenge in respect of certain declarations relating to interest rate swaps entered into under an ISDA Master Agreement. At first instance, the judge...more

Bass, Berry & Sims PLC

Chris Lazarini Examines State Court Jurisdiction Under the Securities Act of 1933

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the defendants claimed a state court did not have jurisdiction to hear a class action lawsuit alleging violations of the Securities Act of 1933. The court...more

Latham & Watkins LLP

Rebalancing the Law on Asymmetric Jurisdiction Clauses

by Latham & Watkins LLP on

The English High Court has held that asymmetric jurisdiction clauses are exclusive jurisdiction clauses for the purposes of the Recast Brussels Regulation (the Recast Regulation). Where claims are issued by disputing...more

Dechert LLP

The Impending Launch of the Unified Patent Court

by Dechert LLP on

In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Foley & Lardner LLP

Supreme Court of Illinois Says Courts Can Decide ARES Rate Disputes

by Foley & Lardner LLP on

Courts – not the ICC – have jurisdiction over rate cases involving an ARES, said the Supreme Court of Illinois.[1] In a unanimous opinion written by Chief Justice Karmeier, the Court in December answered the Seventh Circuit’s...more

Brooks Pierce

Member Of A Delaware LLC? Don't Bring Claims To Inspect Books And Records, Or For Dissolution, In North Carolina's Courts

by Brooks Pierce on

The Plaintiff in Camacho v. McCallum, 2016 NCBC 79 has to head to Delaware to litigate her claims for inspection of the records of the LLC of which she is a member, and also to seek dissolution of the LLC. Why, even...more

Nossaman LLP

District Court Dismisses Challenge to Biological Opinions In Light of Circuit Court’s Exclusive Jurisdiction

by Nossaman LLP on

Primarily relying on precedent from the U.S. Court of Appeals for the Ninth and D.C. Circuits, the U.S. District Court for the District of Maine recently dismissed an Endangered Species Act (ESA) lawsuit challenging two...more

Allen & Overy LLP

Brussels Recast anti-torpedo protection for hybrid jurisdiction clauses

by Allen & Overy LLP on

In Perella Weinberg Partners UK LLP & anr v Codere SA [2016] EWHC 1182 (Comm) the High Court has held, albeit obiter, that an asymmetric (or hybrid) exclusive jurisdiction clause falls within the definition of “exclusive” for...more

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Updated: May 25, 2018:

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Links to Other Websites

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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