John Coyle
University of North Carolina School of Law
John F. Coyle is the Reef C. Ivey II Distinguished Professor of Law at the University of North Carolina School of Law. He is a past chair of the AALS Section on Conflict of Laws and is currently an Adviser for the American Law Institute’s Restatement (Third) of Conflict of Laws. His articles on choice-of-law clauses, forum selection clauses, cross-border dispute resolution, and international commercial contracts have appeared in journals such as the Notre Dame Law Review, the William & Mary Law Review, the North Carolina Law Review, and the Iowa Law Review. Before entering the academy, he worked as a transactional attorney at Covington & Burling LLP and clerked for a judge on the U.S. Court of Appeals for the Second Circuit.
Is the Closely Related Doctrine a Creature of State or Federal Law?
The closely related doctrine, discussed here and here and here, posits that a non-signatory to a contract may be bound by a forum selection clause in that contract if the non-signatory is so “closely related” to a signatory that it was “foreseeable” that it would be bound. Robin Effron and I have argued that using…
Continue ReadingA Drafting Catastrophe
While on vacation at the Breathless Montego Bay Resort and Spa in Jamaica, Jacqueline Williams slipped and fell. Upon returning home to Wisconsin, Williams filed a lawsuit in federal district court in Illinois alleging negligence against five companies that allegedly owned or operated the resort. The corporate defendants moved to dismiss based on forum non…
Continue ReadingA Tangled Mess in New Hampshire
Characterization plays an important role in conflict of laws. When the choice-of-law rules for contracts are different than the choice-of-law rules for property, a court’s decision to characterize an issue as sounding in “contract” or “property” will inevitably affect which jurisdiction’s law is applied. The New Hampshire Supreme Court grappled with the issue of characterization—though…
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