John F. Coyle

Choice of Law in the American Courts in 2022

The thirty-sixth annual survey on choice of law in the American courts is now available on SSRN. The survey covers significant cases decided in 2022 on choice of law, party autonomy, extraterritoriality, international human rights, foreign sovereign immunity, foreign official immunity, the act of state doctrine, adjudicative jurisdiction, and the recognition and enforcement of foreign…

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Florida Man Seeks Enforcement of Forum Selection Clause

One of the internet’s more enduring memes is that of Florida Man. Florida Man is famous for “performing irrational, maniacal, or absurd actions in the U.S. state of Florida.” Over the years, Florida Man has attacked his neighbor with a tractor, been trapped in an unlocked closet for two days, fed iguanas to alligators in…

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American Law Institute Launches Second Phase of Restatement (Fourth) of Foreign Relations Law

Yesterday, the Council of the American Law Institute (ALI) approved a project to complete the Restatement (Fourth) of the Foreign Relations Law of the United States. The project will be chaired by John Bellinger and Harold Koh. Curt Bradley, Bill Dodge, and Oona Hathaway will serve as reporters. The first phase of the Restatement (Fourth)…

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Beer Halls and Forum Selection Clauses

Homer Simpson once described alcohol as the “cause of, and solution to, all of life’s problems.” The same can be said for forum selection clauses. In the hands of the cognoscenti, these provisions can operate as magical elixirs that completely insulate a litigant from liability. In the hands of those unfamiliar with their intricacies, these…

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Explaining the Hague Judgments Convention to U.S. Lawyers

On March 2, 2022, the United States signed the Hague Judgments Convention, a multilateral agreement that seeks to facilitate the recognition and enforcement of judgments across national borders. While there is a vast difference between signing and ratification – as anyone who has followed the halting progress of the Hague Convention on Choice-of-Court Agreements can…

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Happy Holidays

TLB is taking a break for the holidays. We will return to blogging on Tuesday, January 3.

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TLB’s Top Ten Posts in 2022

As 2022 draws to a close, so too does the first year for TLB. We began blogging in late March. Since then, we have published nearly two hundred posts by more than fifty authors. Here are TLB’s top ten posts, by number of views, in 2022. (1) Maggie Gardner, U.S. Courts Gut Key Provision of…

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It Pays to Know About… Obscure Statutes Invalidating Forum Selection Clauses

The law of forum selection clauses can be complicated.  There are, however, some issues that are relatively straightforward.  When a state legislature enacts a statute announcing that an outbound forum selection clause (one selecting the courts of a different jurisdiction) is void when written into a particular type of contract, the clause is generally not…

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New Paper on Bias in Choice of Law

Dan Klerman has a new paper, Bias in Choice of Law: New Empirical and Experimental Evidence, that seeks to determine the extent to which U.S. courts exhibit bias when applying modern choice-of-law rules. The paper draws upon a dataset of choice-of-law cases involving automobile accidents decided between 1963 and 2018 and relies on regression analysis…

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Bifurcated Forum Selection Clauses

When I was younger, I loved the Choose Your Own Adventure books. The reader was constantly asked to make decisions. Did you want to explore the basement of the haunted house? If so, turn to page 10. Or did you want to investigate the spooky noise coming from the kitchen? If so, turn to page…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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Timothy D. Lytton

Georgia State University College of Law
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