Quantcast

Tag Archives: Choice of Law

Contract – Forum Selection Clause – Civil Practice – Choice of Law – Venue – Jurisdiction – Credit Card Agreement – Utah Law (access required)

Federated Financial Corp. of America v. Jenkins Even though the credit card agreement at issue contains a forum selection clause that says related litigation is to take place in Utah, since there is no rational nexus between Utah and either the parties or the contract transactions, the forum selection clause is unenforceable. We affirm the trial court’s denial of defendant’s motion to set aside the default judgment against him.

Read More »

Tort/Negligence – Negligent Accounting – Choice of Law – Lex Loci – Bail-Fronting Contract – First Impression – Civil Practice – Appeals – Interlocutory Order (access required)

Harco National Insurance Co. v. Grant Thornton LLP. Even though the underlying audit was performed in Pennsylvania, and even though plaintiff's headquarters are in Illinois, since plaintiff's first injury was a seizure of its assets in North Carolina, North Carolina was the place of injury. N.C. law applies in this negligent-accounting case. We reverse the Business Court's adoption of an "audit state test," but we affirm the denial of defendant's summary-judgment motion.

Read More »