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When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).
With that agreement in mind, and “to avoid millions of dollars of personal liability to TAL,” the plaintiffs argue that the Del Vecchios refused to consider a sale of Brooks Brothers unless TAL agreed “to reduce or waive its make-whole right.”
The brief facts of the case is as follows: The sixth appellant, African Wireless Incorporated (AWI), is a corporation registered in terms of the laws of the State of Delaware in the United States of America; and the first to fifth appellants are the shareholders of AWI.
Maui asserted causes of action for public nuisance, private nuisance, strict liability failure to warn, negligent failure to warn, and trespass. Delaware v. The complaint asked the court for compensatory damages, equitable relief, attorneys’ fees, punitive damages, disgorgement of profits, and costs of suit. BP America Inc. ,
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