Heather Benzmiller Sultanian and Rebecca B. Shafer | Sidley Austin On January 6, 2023, Vice Chancellor Laster issued an opinion in Fairstead Capital Management LLC v. Blodgett concerning a “dispute-resolution collision” between two applicable forum-selection clauses. The collision arises from the termination of a principal of an investment fund, whose partners fired him for allegedly breaching his… Continue reading Collision Course: The Consequences of Conflicting Forum-Selection Provisions
Tag: Forum Selection
Securing and Protecting Home-Field Advantage in Construction Litigation
Christopher Sexton and Lisa Wampler | Cohen Seglias Pallas Greenhall & Furman In construction litigation, home-field advantage is a concept that arises quite frequently. Certainly, in the sports world where we are used to hearing this term, home-field advantage is a controversial phenomenon. But, in the legal realm, the concept is a bit more intuitive:… Continue reading Securing and Protecting Home-Field Advantage in Construction Litigation
Use of the Word “in” Indicates Geography; Use of the Word “of” Indicates Sovereignty
Kristopher Berr | Pepper Hamilton LLP | January 4, 2018 Pritchett Controls, Inc. v. Hartford Accident & Indemnity Co., 2017 U.S. Dist. LEXIS 192182, 2017 WL 5591872 (D. Md. Nov. 21, 2017) James W. Ancel, Inc. (“JWA”) was the prime contractor on a project for the Maryland Transit Authority in Baltimore. JWA subcontracted a portion of… Continue reading Use of the Word “in” Indicates Geography; Use of the Word “of” Indicates Sovereignty
#4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
David A. Harris and Abigail e. Lighthart | Haight Brown & Bonesteel LLP | September 30, 2015 In Vita Planning and Landscape Architecture, Inc. v. HKS Architects, Inc. (“Vita Planning”), the First Appellate District held California’s Code of Civil Procedure section 410.42 (“Section 410.42”) which prohibits an out-of-state contractor from requiring a California subcontractor to… Continue reading #4 – Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses
Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals
Garret Murai | California Construction Law Blog | October 26, 2015 It’s a tactic as old as war itself. You can often gain a strategic advantage by selecting the location of battle. The same is true in litigation. But as the next case illustrates, when it comes to disputes between contractors (and design professionals), it isn’t always… Continue reading Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals