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SMARTLEGAL Schmidt & Partners | Hungary | 10 Jan 2023
Can an inapplicable choice-of-court clause be regarded as a tacit jurisdiction agreement?
🕑 11 minutes Can a valid, but inapplicable, choice-of-court clause, be regarded as a "tacit" jurisdiction agreement? Is it sufficient to establish the jurisdiction of the courts of a member state under the Brussels I Regulation? This article addresses these questions based on a judgment that the Hungarian Supreme Court delivered in a cross-border dispute between a Hungarian claimant and a......
SIMION & BACIU | Romania | 13 Dec 2021
Subject-matter jurisdiction in IP litigation – still unclear?
The submission of IP claims with a court lacking subject-matter jurisdiction can result in prolonged litigation. At a glance, things seem clear: in the view of the current Code of Civil Procedure, the tribunal is the court with full jurisdiction to settle, at first instance, claims that are not expressly given, by law, to the jurisdiction of other courts. However, in practice, this has caused......
Epstein Becker Green | USA | 12 Apr 2019
While Far from a Knockout, the Southern District of New York Strikes a Blow for Businesses Facing Website Accessibility Lawsuits
It is no secret that businesses have long been awaiting a court decision that would help stem the surging tide of website accessibility cases - over…
Goldberg Segalla LLP | USA | 10 Apr 2019
Second Circuit Holds That Policy May Be Rescinded Before a Claim is Submitted for Coverage
The Second Circuit has held that an insurer need not wait until a claim is submitted under its policy in order to seek rescission of the policy based…
Squire Patton Boggs | USA | 8 Apr 2019
Clearing Things Up: Seventh Circuit Court of Appeals Clears up Difference Between Claim Lacking Merit and Court Lacking Jurisdiction
Although it may seem odd, when it comes to Article III standing, Courts sometimes struggle with the difference between lacking jurisdiction to…
Holland & Knight LLP | USA | 8 Apr 2019
Arbitration Clause Requires Stay of Copyright Claims
Judge Lee denied defendants’ Fed. R. Civ. P. 12(b)(1) motion to dismiss for lack of subject-matter jurisdiction, but granted defendants’ motion to…
Gordon Rees Scully Mansukhani | USA | 21 Mar 2019
More Webs in Alabama: District Court Quotes Scott, Dismisses MSPA Claim
A recent determination against Infinity Property and Casualty Group emerging from a federal district court in Alabama demonstrates that while so many…
Reed Smith LLP | USA | 15 Mar 2019
Plaintiff Loses in a Game of “What If …”
Child: “Can I have ice cream before dinner?” Parent: “No” Child: “What if it’s strawberry ice cream?” Parent: “Still, no” Child: “What if my teacher…
Mintz | USA | 11 Mar 2019
The Problem of Federal Question Jurisdiction Over FAA Petitions After a Domestic Arbitration
Federal question subject matter jurisdiction is easy to describe: a party can bring an action in federal court if its claim is based on federal law…
Baker & Hostetler LLP | USA | 11 Feb 2019
Federal Circuit holds that claims directed to diagnosing neurotransmission or developmental disorders are invalid for failing to recite patent eligible subject matter
In Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC, the Federal Circuit affirmed the district court’s ruling that claims covering…
