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Data on Choice-of-Court Clause Enforcement in US

Conflict of Laws

There are state courts and federal courts, state statutes and federal statutes, state common law and federal common law. This feeling of pity is compounded when I imagine this same lawyer trying to advise her client as to whether a choice-of-court clause will be enforced by a court in the United States.

Court 52
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Justices rule lower courts must put trial proceedings on hold during arbitration appeal

SCOTUSBlog

Share Friday’s decision in Coinbase v. Court of Appeals for the 9th Circuit in California that had rejected a party’s efforts to force a putative class action out of court and into arbitration. The case turns on a 1988 amendment to the Federal Arbitration Act, which added the current Section 16(a) to that statute.

Court 93
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Justices to review long-simmering dispute over gambling on tribal lands in Texas

SCOTUSBlog

The Supreme Court first addressed the problem squarely in its 1987 decision in California v. That decision distinguishes between types of gambling that a state prohibits outright and types of gambling that a state tolerates subject to regulation. Cabazon Band of Mission Indians.

Statute 114
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A search for coherence in the interplay between AEDPA and Brecht

SCOTUSBlog

Under AEPDA, habeas relief is only available to a prisoner whose claims were adjudicated on the merits in state court if the prisoner can show that the last reasoned state court decision was contrary to or involved an unreasonable application of Supreme Court precedent. California. Pliler and Davis v.

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Where’s Waldo: Global Discovery and Finding a Corporation

Patently O

Courts to obtain discovery in order to facilitate foreign litigation; with the pending global litigation between Eli Lilly and Novartis serving as our key example. The standard today is that prior to trial the litigating parties will share “mutual knowledge of all relevant facts.” ” Hickman v.

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The late-May calendar is another 9-case blockbuster

At the Lectern

On Tuesday and Wednesday, May 21 and 22, in San Francisco, the court will hear the following cases (with the issue presented as summarized by court staff or limited by the court itself ): Castellanos v. In March of this year, the court heard argument in another COVID insurance case, Another Planet Entertainment, LLC v.

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Federal ban on inducing unlawful immigration for financial gain may get another Supreme Court test

SCOTUSBlog

After a few slow weeks on the relist front, the Supreme Court came roaring back this week with four newly relisted petitions that, if granted, will likely be added to the March 2023 argument calendar. The 9th Circuit placed Hansen’s case on hold while the Supreme Court considered its Sineneng-Smith ruling. Next up is Lora v.