News & Analysis as of

Litigation Strategies Forum Selection

Frantz Ward LLP

Cannabis Litigation: Using Contractual Provisions to Avoid an Illegality Defense

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Concerns remain over the enforceability of cannabis contracts as recent cases highlight the conflict between state-sanctioned operations and federal illegality. In both state and federal courts, judges have anchored to the...more

Lathrop GPM

Southern District of New York Transfers Anticipatory Declaratory Judgment Action to the Middle District of North Carolina

Lathrop GPM on

Marie Sharp’s Fine Foods, Ltd., a Belize condiment and jam manufacturer, and Eve Sales Corp., a New York-based purchaser of Marie Sharp’s branded products, filed an anticipatory declaratory judgment and breach of contract...more

Foley & Lardner LLP

Permissive Forum Selection Clause Is Not Enforceable in Franchisor’s Suit Against Franchisee

Foley & Lardner LLP on

A key term of any franchise agreement is the venue selection clause as this page has previously explained. This issue was at the forefront of Convenience Stores Leasing & Management, LLC’s (“CSLM”) August 2024 suit...more

Fox Rothschild LLP

Should the Litigation be in State or Federal Court?

Fox Rothschild LLP on

Deciding whether to choose state or federal court can be outcome determinative. This is particularly important in deciding to remove a case from state to federal court. Some state franchise statutes clearly allow a court to...more

Kerr Russell

“Materially Altered”: Michigan Court of Appeals Rules That Forum Selection Clause Added to Invoice Can’t be Enforced

Kerr Russell on

You’re spending your day off on Luna Pier beach in Monroe County, Michigan. You’ll swim in the morning, get lunch at Gander’s Family Restaurant, and rent jet skis in the afternoon. That morning, however, you wake up and...more

BakerHostetler

[Event] Protecting the International Project from Catastrophe - November 12th, Houston, TX

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Avoiding Risk and Responding to It - You are cordially invited to a panel discussion with industry leaders from the energy sector, hosted by BakerHostetler's Energy, International Trade and International Arbitration and...more

Miller & Martin PLLC

Batten the Hatches: Preparing for an Automotive Dispute

Miller & Martin PLLC on

Just as death and taxes are certainties in life, so too is litigation for many automotive companies. And while each case varies widely in terms of facts, law, parties, and forum, there are common points to consider in most...more

Farrell Fritz, P.C.

Have Commercial Dispute, Will Travel (to New York)

Farrell Fritz, P.C. on

A few years back, in a post entitled What the Commercial Division Has Done for Us Lately, we commented on a 2019 report from the Commercial Division Advisory Council, which extolled “The Benefits of the Commercial Division to...more

Fenwick & West LLP

Delaware Supreme Court Rules That Corporations May Require Securities Act Claims to be Litigated in Federal Court

Fenwick & West LLP on

The Delaware Supreme Court recently ruled that corporations may require stockholders to litigate claims under the Securities Act of 1933 (Securities Act) in federal court, holding that such forum provisions in corporate...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Forum Shopping in Federal Court – the Urban Legend of Divisional Venue

Civil litigators in Arkansas commonly contemplate and strategize about venue, especially in the state court system. This has to do, in part, with the myriad of venue statutes out there that can be a trap for the unsuspecting....more

Butler Weihmuller Katz Craig LLP

Diversity For Jurisdictional Purposes In Federal Litigation

Recently, I was speaking with a client, and we were discussing some of the unique issues subrogation professionals face on a regular basis....more

Ward and Smith, P.A.

So Your Business Received a Demand Letter, Now What?

Ward and Smith, P.A. on

If your business has received a demand letter, I have some good news for you: Your business has not been sued (yet). However, a lawsuit could be in your business's near future....more

Snell & Wilmer

Location, Location, Location – A Brief Overview of Personal Jurisdiction, Forum Selection Clauses, and Why They Matter

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Where a case is heard can make a critical difference to a company that is being sued. Will the company have the “home court” advantage and a jury that will know the company’s business, that the company employs people in the...more

McCarter & English, LLP

Lessons Learned from Litigators: How to Avoid Litigation When Doing a Deal

In this Publication: - 2.1 Introduction 2–1 - 2.2 General Considerations About Contract Drafting 2–2 - § 2.2.1 Does the Contract Reflect a “Meeting of the Minds”? 2–2 - § 2.2.2 The Words of the...more

Foley Hoag LLP

Delaware Chancery Court Upholds Forum Selection Bylaws

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The Delaware Chancery Court held on June 25 that forum selection bylaw provisions, which purport to control the forum in which certain litigation relating to a corporation must be brought, are statutorily and contractually...more

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