A Warning Sign? The Washington Supreme Court Declines to Adopt the Draft Restatement (Third)
The Washington Supreme Court recently issued its decision in Erickson v. Pharmacia LLC, one of a number of related lawsuits filed by teachers and their family members seeking damages for chemical exposure at Washington schools—cases collectively seeking over a billion dollars in damages. While the case is significant in its own right, it is of particular…
Continue ReadingChoice-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…
Continue ReadingInternational Custody Jurisdiction, Human Rights, and Legislative Change
The Court of Appeals of Washington State recently issued an unpublished opinion that will serve as a benchmark for parents who flee certain countries with their children, seeking safe harbor in the United States (In re AlHaidari (Fearing, CJ)). In re AlHaidari Bethany AlHaidari, a U.S. citizen, married Ghassan AlHaidari, a Saudi citizen, in Saudi…
Continue ReadingMicrosoft and Contractual Ambiguity
Microsoft Corporation (Microsoft) has a market capitalization of $2.14 trillion. It reported $204 billion in revenue in 2022. Its legal team is reportedly comprised of 1,500 people worldwide. Microsoft is the proverbial 800-pound gorilla in contract negotiations. A recent case suggests, however, that Microsoft has yet to master the art of drafting a forum selection…
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