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“Parsing Invalidating Statutes (Part I)”

HowAppealing

“Parsing Invalidating Statutes (Part I)”: John F. Coyle has this post at the “Transnational Litigation Blog.” ” Therein, he writes, “There are hundreds of state statutes that direct state courts not to give effect to choice-of-law and forum selection clauses.”

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Justices to consider whether litigation should move forward in trial court while appellate courts review obligation to arbitrate

SCOTUSBlog

Court of Appeals for the 9th Circuit has handed down a decision that seems to suggest a general hostility towards arbitration as a tool for resolving disputes between businesses and their customers. The particular question before the court involves the procedures for deciding whether a dispute should be resolved by a court or an arbitrator.

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Court holds statute of limitations under Quiet Title Act is not a jurisdictional bar

SCOTUSBlog

United States broke no new ground, as it followed a steady line of cases applying a rule under which time limits in federal statutes do not create jurisdictional bars unless the statute makes that intent clear. Sotomayor wrote that jurisdictional rules “have a unique potential to disrupt the orderly course of litigation.”

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Justices debate propriety of litigation in trial courts while defendants are on appeal seeking arbitration

SCOTUSBlog

The case asks what a trial court should do if it denies a defendant’s motion for arbitration. The Federal Arbitration Act gives the defendant the right to an immediate (“interlocutory”) appeal, but it says nothing about a stay of litigation in the district court. Two points were central for them.

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Revised Canadian Statute on Judgment Enforcement

Conflict of Laws

Two years ago, the Uniform Law Conference of Canada (ULCC) released a revised version of the Court Jurisdiction and Proceedings Transfer Act (CJPTA), model legislation putting the taking of jurisdiction and staying of proceedings on a statutory footing. The statute is available here. The core features of the ECJA are unchanged.

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When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence

Above The Law

The post When Pigs Litigate: How Pork Law Will Predict Abortion And Gun Jurisprudence appeared first on Above the Law. We could have avoided this whole issue if everyone became a vegan.

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US Supreme Court weighs online platforms’ liability in Google recommendations case

JURIST

The US Supreme Court Tuesday heard oral arguments in Gonzales v. The statute broadly shields online platforms from liability for content posted to the platform by its users. Instead, Stewart urged the the court to “distinguish carefully between liability for the content itself, [and] liability for statements about the content.”

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