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Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”

SCOTUSBlog

Sundance had included in Morgan’s job application an arbitration clause, which meant that the company could have immediately sought to put the litigation on hold, and to require Morgan to resolve her case through individual arbitration. This case mainly involves two sections of the Federal Arbitration Act.

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Now or Then? The Temporal Aspects of Choice-of-Law Clauses

Conflict of Laws

courts interpret choice-of-law clauses. That paper contains a detailed discussion of the most common interpretive issues—whether the clause selects the tort laws of the chosen jurisdiction in addition to its contract laws, for example—that arise in litigation. Jeff argued for the laws at the time of signing.

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Lex Machina Releases 2021 Contracts Litigation Report

LegalReader

Contracts case filings over the last three years showed a slight but steady increase through the pandemic, while franchise case filings fell sharply and damages awarded continued to climb.

Contract 103
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Epic’s Fight to #freefortnite: Challenging Exclusive Foreign Choice of Court Agreements under Australian Law

Conflict of Laws

5] They discerned this policy from various statutory provisions in Australia’s competition law as well as other public policy considerations. [6] 12] This includes the situation ‘where the party commencing proceedings in the face of an exclusive jurisdiction clause seeks to take advantage of what is or may be a mandatory law of the forum’. [13]

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Justices seem to resolve Dogecoin arbitration dispute during argument

SCOTUSBlog

Bielski the justices ordered the trial court to stay its proceedings pending the result of the seemingly interminable litigation about whether the case should go to arbitration. And it probably is relevant that this is the second time this dispute has been before the justices – just eight months ago in Coinbase v.

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Paralegal Schools Forget to Mention These Things

Paralegal Bootcamp

That would also help you figure out whether you want to use your paralegal certificate working in a law firm or look at alternative options for paralegal careers. You will likely make a higher salary if you go to work for a larger law firm, but the problem is that it’s harder to get that job at a larger law firm.

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Courts may not “make up” new procedural rules to favor arbitration

SCOTUSBlog

In an opinion by Justice Elena Kagan, the court rejected a court-created, arbitration-specific rule that benefitted defendants that began to litigate a case in court, only to reverse course and demand arbitration after a delay. Sundance undoubtedly knew of its right to demand arbitration when it began to litigate the case.

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