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John Coyle

@Tarheel_Lawprof

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John Coyle Reposted

Choice of law clauses are common in prenuptial agreements - and enforceable. @Tarheel_Lawprof has an example involving the NHL, Finland, and attorney's fees in excess of the promised spousal support: tlblog.org/prenuptial-agr…


John Coyle Reposted

If the US ratifies the Hague Judgments Convention and COCA, it will need federal legislation to implement them. Reciprocity is one of the key questions. @Tarheel_Lawprof discusses the question and some options: tlblog.org/reciprocity-an…


Consider this an official warning: Your NY forum selection clause may not be enough to give the NY courts subject-matter jurisdiction to hear your case.

A jurisdictional minimum for forum selection clauses by foreign parties? 🙃🤔 Who knew? @Tarheel_Lawprof, natch. And now, you as well: tlblog.org/the-small-pota…



John Coyle Reposted

Move over, "vehicles in the park"! @Tarheel_Lawprof has a new hypo for you: does a ship carrying passengers "between ports of the US" include ships that start & end their journey at the same US port? It's a question that divided a 9th Cir. panel: tlblog.org/liability-waiv…


John Coyle Reposted

It's hot out there! You know what else is hot? Contracts, choice of law, and the CISG. 🌶️🌶️ @Tarheel_Lawprof has you covered with a case about Chilean sea bass: tlblog.org/choice-of-law-…


Yep.

NY Gen. Oblig. L. 5-1401 requires NY courts to enforce NY choice-of-law clauses in certain contracts. @Tarheel_Lawprof argues today that this statute, while serving a useful purpose, is in many ways inconsistent with traditional notions of comity. tlblog.org/anti-comity-an…



John Coyle Reposted

A 6th Cir panel just published 3 opinions for 1 case on forum selection clauses, splitting over choice-of-law questions & whether a non-signatory can be bound. @Tarheel_Lawprof explains, and offers his own 👉pointers for the courts: tlblog.org/the-sixth-circ…


Does your contract contain a forum selection clause? Are you sure? In a new post, I discuss cases where a litigant asked a judge to enforce a contract provision that (kinda sorta) looked like a forum selection clause but was actually something else. tlblog.org/faux-forum-sel…


An interesting and well-reasoned decision by the New Mexico Court of Appeals analyzing whether enforcing a forum selection clause would lead to the waiver of non-waivable rights.

NM Court of Appeals issues a formal opinion in Patsy Tavarez v. AB Staffing Solutions, A-1-CA-39928-tinyurl.com/2s3wa35h & memorandum opinions State v. Eddie M. Mares, A-1-CA-37950 - tinyurl.com/45b6dwc4 & State v. Robert Alton Jones, A-1-CA-40834 - tinyurl.com/m4s9644p



John Coyle Reposted

This choice-of-law question is worth...one billion dollars. More from @Tarheel_Lawprof: tlblog.org/an-answer-to-t…


The U.S. Supreme Court issued a decision yesterday discussing the enforceability of choice-of-law clauses in maritime contracts... its first meaningful intervention on this topic in well over a century. Unsurprisingly, I have some thoughts. tlblog.org/u-s-supreme-co…


John Coyle Reposted

Look, we respect choice of law clauses.

Public law: sometimes sovereign citizens make these strange arguments Private law: hold my beer Epic Trust Ltd v Ruscoe [2024] NZHC 21

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John Coyle Reposted

🎶The stars at night Are big and bright (clap, clap, clap, clap) Choosing for-um in Texas🎶 @Tarheel_Lawprof on some recent choice of forum cases out of Texas: tlblog.org/texas-insuranc…


John Coyle Reposted

The 8th Circuit has revived part of Missouri's COVID suit against China. Applying the FSIA's commercial activity exception, it held China did *not* have immunity on Missouri's hoarding claims. Haley Anderson critiques the decision today at TLB. tlblog.org/missouris-covi…


John Coyle Reposted

Do choice of law clauses incorporate ALL the laws of the chosen jurisdiction? yes, right? nope, wrong. @Tarheel_Lawprof explains it all! tlblog.org/incorporation-…


In yesterday's post, I argued that the wording of state statutes invalidating forum selection clauses can be vitally important. In today's post, I advance the same argument with respect to statutes invalidating choice-of-law clauses. tlblog.org/parsing-invali…


This primer from @mkucinski is a terrific resource for anyone searching for a concise overview of the issues that arise in international family law. tlblog.org/a-primer-on-in…


Choice-of-law clauses are often said to be valuable because they promote certainty. But this is only partly true. In some cases, these clauses are valuable because they give the parties more options.

@Tarheel_Lawprof explains that choice of law clauses are not mandatory in some senses -- instead they are an option, and not even an all-or-nothing option. Yup, he's got the deets and real world examples👇 tlblog.org/optionality-in…



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