Anti-Waiver

If You Give a Mouse a Forum Selection Clause…

Many U.S. states have chosen to write “anti-waiver” provisions into statutory schemes that confer rights on in-state residents. Anti-waiver statutes provide that rights conferred by the statutory scheme cannot be waived. On a number of occasions, the courts have adopted “If You Give a Mouse a Cookie” logic to hold that these statutes invalidate forum…

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Forum Selection Clauses in California

In 2024, more than 1.2 million civil lawsuits were filed in California. While most of these suits were between U.S. residents, some of them grew out of international contracts. Some of these international contracts, in turn, contained forum selection clauses choosing the courts of a foreign country. In this post, I take a close look…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.brunk@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

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

Hannah Buxbaum

UC Davis School of Law
hbuxbaum@ucdavis.eduEmail

Natalie Reid

Debevoise & Plimpton LLP
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Beatrice Walton

Debevoise & Plimpton LLP
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Rinat Gareev

Whitecliff Management
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Harold Hongju Koh

Yale Law School
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Rachel Brewster

Duke Law School
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Marketa Trimble

William S. Boyd School of Law, University of Nevada, Las Vegas
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Anokhi Patel

Vanderbilt Law School
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Holden Bembry

Vanderbilt Law School
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