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Academic Journals
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From:Melbourne Journal of International Law (Vol. 10, Issue 1) Peer-ReviewedThe past decade of transnational litigation has seen a consolidation of the trend towards disputes about venue. Increasingly, transnational litigation takes the form of a battle about where the battle is to be fought....
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From:Business Lawyer (Vol. 75, Issue 1)The Securities Act of 1933 ("Securities Act") provides for concurrent federal and state jurisdiction. Securities Act claims were historically litigated in federal court, but in 2015 plaintiffs began filing far more...
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From:Melbourne Journal of International Law (Vol. 18, Issue 1) Peer-ReviewedI INTRODUCTION This year (2017), Australia is very likely to accede to an international treaty commonly known as the Hague Convention (1)--the treaty has been laid before Parliament, the Joint Standing Committee on...
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From:Stanford Law Review (Vol. 71, Issue 3) Peer-ReviewedAbstract. The government claims that it may transfer immigration detainees to any detention facility across the country. The scale of the current transfer practice is staggering--more than half of all detainees...
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From:Defense Counsel Journal (Vol. 61, Issue 4) Peer-ReviewedForeign corporations have made increased attempts to litigate in US courts due to the such factors as the contingency fee system, jury trials and possible large verdicts. Forum non conveniens doctrine or federal actions...
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From:TrialUntil recently, no one would have dreamed that a mass pharmaceutical or medical device tort would be denied multidistrict litigation (MDL) status. But times have changed. In the past two years, the Judicial Panel on...
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From:Defense Counsel Journal (Vol. 75, Issue 4) Peer-ReviewedCONGRESS passed the Class Action Fairness Act of 2005 ("CAFA") with the express aim of making federal courts the preferred venue for large, multi-state class actions. (1) To effect that purpose, CAFA expanded federal...
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From:American Criminal Law Review (Vol. 42, Issue 1)I. INTRODUCTION For a three week period in October and November of 2002, residents of the Washington, D.C. metropolitan area were paralyzed with fear, performing routine tasks--such as pumping gasoline or walking to...
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From:Employee Relations Law Journal (Vol. 42, Issue 3) Peer-ReviewedPlan sponsors have a strong interest in influencing where plan participants can file suit under ERISA. Defending ERISA actions in venues far away from a plan sponsor's administrative center of gravity can increase the...
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From:Washington University Law Review (Vol. 96, Issue 2)INTRODUCTION Since the nineteenth century, specific venue rules for patent infringement suits have existed in federal law. (1) The current version of the "Patent Venue Statute" is codified in 28 U.S.C. [section]...
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From:Florida Bar Journal (Vol. 88, Issue 2)Including a "boilerplate" forum-selection clause in your client's contract could preclude resulting litigation from proceeding in a federal district court. Forum-selection clauses mandating venue in a particular county...
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From:Harvard Law Review (Vol. 131, Issue 1)Congress governs the location of civil suits through a general venue statute (1) and various specialized venue statutes. (2) One of these specialized statutes governs venue for patent infringement actions. (3) Before...
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From:Florida Bar Journal (Vol. 83, Issue 11)When two jurisdictions have concurrent jurisdiction over a dispute, the "principle of priority" generally applies to allow the first-filed action to proceed. (1) As explained in Bedingfield v. Bedingfield, 417 So. 2d...
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From:University of Pennsylvania Law Review (Vol. 167, Issue 4)In TC Heartland v. Kraft Foods Group Brands, the Supreme Court reaffirmed the principle that no part of the general venue statute, 28 U.S.C. [section] 1391, could supplement the patent venue statute, 28 U.S.C. [section]...
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From:Florida Bar Journal (Vol. 84, Issue 5)During the early stages of a construction dispute, it is critical to consider how best to preserve or enforce a contractual venue provision. Construction disputes commonly include numerous players (i.e., owners,...
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From:American Journal of Family Law (Vol. 19, Issue 2) Peer-ReviewedThe trial court's division of toy show venues effectively resulted in an injunction against the husband's future income, according to a recent decision from the Indiana Court of Appeals. DeSalle v. Gentry, 818 N.E.2d 40...
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From:Sedona Conference Journal (Vol. 10)I. Introduction Intellectual property has taken a leading role in the U.S. economy, generating 18 percent of the U.S. gross domestic product on average. (2) Moreover, the industries that principally rely on...
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From:ABA Journal (Vol. 103, Issue 7)Could this be the end of out-of-town patent lawyers flocking to Marshall, Texas? They've become known for showing up in luxury cars, ordering catered gourmet meals for their trial war rooms and running up expensive...
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From:Harvard Journal of Law & Technology (Vol. 33, Issue 2) Peer-ReviewedI. INTRODUCTION The rules for venue in patent infringement lawsuits seemed settled for almost thirty years. Congress passed the first patent-specific venue statute and the precursor to 28 U.S.C. [section] 1400(b) in...
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From:Antitrust Bulletin (Vol. 58, Issue 2-3) Peer-ReviewedThe United States has a decentralized system of merger enforcement in which responsibilities are shared among two federal agencies, state attorneys general, and private litigants. This article summarizes the various...