Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Forum Selection Clause

Atlantic Marine: The Supreme Court on Exclusive Choice of Court Agreements

Posted on December 4, 2013

Yesterday the Supreme Court decided Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas (S. Ct. 2013). Atlantic Marine was a Virginia corporation with its principal place of business in Virginia. It had a contract with the Army Corps of Engineers to build a child development center at Fort Hood, Texas. Atlantic Marine subcontracted with J-Crew Management, Inc., a Texas corporation, for part of the work. The subcontract had a forum selection clause that provided for litigation of any disputes “in the Circuit Court for the City of Norfolk, Virginia, or the United States District Court for the Eastern District of Virginia, Norfolk Division.” A dispute arose about payment, and J-Crew sued Atlantic Marine in the US District…

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Case of the Day: Magi XXI, Inc. v. Vatican City State

Posted on May 9, 2013

The case of the day is Magi XXI, Inc. v. Stato della Città del Vaticano (2d Cir. 2013). The Vatican Office of Publications, an instrumentality of the Vatican City State, entered into a license agreement with Second Renaissance, LLC, under which it granted Second Renaissance the right to produce and market products based on reproductions of artifacts in the Vatican Library. Under the agreement, Second Renaissance had the right to sublicense its rights under certain conditions. Second Renaissance entered into a sublicense agreement with Magi under which Magi would have the right to produce “candles, chocolates, confections, flowers, stamps, wrapping paper/gift bags, and fundraising materials, which would bear the name, logo, and seal of the Vatican Library.” Both the master license agreement and the…

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Case of the Day: New Jersey v. Merrill Lynch & Co.

Posted on July 1, 2011

It’s been a fairly slow week in judicial assistance, so I’ve reached a little outside the Letters Blogatory scope of coverage for today’s case of the day, New Jersey v. Merrill Lynch & Co. (3d Cir. 2011). The case illustrates a trap for the unwary in drafting forum selection clauses. In an earlier post, I dealt with another aspect of these clauses, namely, appointment of an agent for service of process as a way of simplifying service of process. In the case of the day, New Jersey purchased $300 million in Merrill Lynch preferred stock in 2008. At Merrill Lynch’s request, the state converted the shares into common stock, provided that the terms of the conversion were at least as favorable as the terms…

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