California

Financial Hardship and Forum Selection Clauses

The U.S. Supreme Court has long held that a forum selection clause should not be enforced when “trial in the contractual forum will be so gravely difficult and inconvenient” that the plaintiff “will for all practical purposes be deprived of his day in court.” The financial status of the plaintiff is obviously a factor that…

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Cassirer on Remand: Considering the Laws of Other Interested States

Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II.  After a reversal and remand from the U.S. Supreme Court last summer, the case is…

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New Scholarship on the Hague Service Convention

Thomas G. Vanderbeek recently published a note in the Vanderbilt Law Review that considers whether and to what extent parties should be permitted to “contract around” the Hague Service Convention (HSC). The conventional wisdom holds that the best way to avoid the HSC is to appoint a local agent to receive service of process. Once…

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How California Broke the Hague Service Convention

The Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters sets forth the rules for serving process on a defendant in another country that is party to the Convention. Under the terms of the Convention, service by mail is not permitted if the nation where the foreign defendant…

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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

Melissa Kucinski

MKFL
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Cara Maines

NYU School of Law
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Andrew J. Coyner

Vanderbilt Law School
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Marc Tiernan

University of Amsterdam
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Poppy Alexander

Constantine Cannon
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Kelly Adams

Herbert Smith Freehills LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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