Section 187

Anti-Comity and N.Y. General Obligations Law 5-1401

Not many statutes can fairly be described as bruisers. Section 5-1401 of New York General Obligations Law is an exception. In the immortal words of The Bachelor: “Section 5-1401 didn’t come here to make friends.” The purpose of Section 5-1401 is to generate business for New York lawyers and maintain New York’s status as a…

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Choice-of-Law Clauses and Marital Property Law

In a recent law review article, I criticized a unanimous decision of the Washington Supreme Court that enforced the choice-of-law clause in a contract to which only one spouse was a party to determine which jurisdiction’s law governed an issue relating to marital property. In this blog post, I first provide a concise account of…

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Drafting the Opinion in Great Lakes

Over the past six years, I have spent a lot of time thinking about choice-of-law clauses. I have written about how to interpret them, about their extraterritorial effect, about their history, and about why insurance companies frequently omit them from their policies. If a pub were ever to host a trivia night devoted to choice-of-law…

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Thoughts on the Respondent’s Brief in Great Lakes

In a prior post, I surveyed the facts, procedural history, and potential significance of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, an upcoming Supreme Court case about the enforceability of choice-of-law clauses in maritime insurance contracts. In a subsequent post, I shared some thoughts about the brief filed by the petitioner, Great Lakes Insurance SE (GLI). In this…

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Some Thoughts on Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC

The U.S. Supreme Court will hear oral arguments in Great Lakes Insurance SE, Petitioner v. Raiders Retreat Realty Co., LLC during the 2023 Term. This case has the potential to change the way that federal courts evaluate the enforceability of choice-of-law clauses. Over the past few decades, these provisions have become ubiquitous. One study found…

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