The Sixth Circuit Tackles Forum Selection Clauses
When U.S. judges fight about forum selection clauses, they tend to fight about one of two things. First, they fight about whether a federal court sitting in diversity should apply state or federal law to determine whether a clause is valid and enforceable. Second, they fight about whether a non-signatory may be bound by a…
Continue ReadingTexas, Insurance Contracts, and Foreign Forum Selection Clauses
A pair of recent Fifth Circuit cases — both involving damage to yachts — suggest that that court will enforce foreign forum selection clauses even when they appear in insurance contracts. This post first describes these cases. It then queries whether enforcing foreign forum selection clauses against Texas policyholders is, in fact, consistent with the…
Continue ReadingForum Selection Agreements as Indicators of Implied Choice of Law
Originally posted on the EAPIL blog on 31 August 2023, and currently updated in this blog. In a recent article, I explore what should be globally significant in a forum selection agreement as an indicator of the implied choice of law when the agreement omits a choice-of-law clause. This topic is in itself a very old one,…
Continue ReadingSome 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…
Continue ReadingCrypto and Forum Selection Clauses
Over the past six months, the crypto industry has suffered setback after setback. In late 2022, the cryptocurrency exchange FTX collapsed. Its CEO and founder, Sam Bankman-Fried, has since been charged with wire fraud, money laundering and securities fraud, among other crimes. In 2023, the SEC filed a civil suit against persons involved in the…
Continue ReadingA Primer on Forum Selection Clauses
A forum selection clause is a contractual provision that selects a specific court to resolve disputes. When suit is filed in a court that is not the chosen forum, the clause may provide a basis for dismissal or transfer. When suit is filed in the chosen forum, the clause may provide a basis for the…
Continue Reading