Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Forum Selection Clause Held Waiver of Removal Right
A forum selection clause in an agreement provides that the parties “irrevocably consent to exclusive jurisdiction and venue of the state and federal courts in the state of Delaware.” Does the provision constitute a waiver of a party's right to remove the case to federal court if the other party files suit in a Delaware state court? It does according to U.S. District Judge Leonard P. Stark of the District of Delaware. In a short, four-page memorandum order in InterDigital v. Wistron, C.A. No. 15-478-LPS (D.Del. June 18, 2015), Stark granted plaintiff InterDigital's emergency motion to remand based solely on this language in the agreement's forum selection clause.
Background
InterDigital argued that there was a long line of cases within the U.S. Court of Appeals for the Third Circuit holding that, by entering into a contract with a forum selection clause, the defendant waives its right to object to the plaintiff's choice of forum or to remove the litigation from the plaintiff's chosen forum. According to InterDigital, a party's agreement to jurisdiction in state court, even as one of several options that includes the federal court to which the case could be removed, is an agreement by that party to be sued in, and to stay in, the plaintiff's chosen forum. InterDigital placed particular emphasis on the language in the forum selection clause that defendant Wistron “irrevocably consent[s] to exclusive jurisdiction and venue” in the state court.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.