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"Deemed" jurisdiction / disclaimed personal jurisdiction   Message List  
Reply | Forward Message #50578 of 50593 |
I just saw my third or fourth instance of a contract provision along the
lines of:

"You agree that 1. the site, services and platform shall be deemed
solely based in [STATE] and 2. the site shall be deemed a passive
website that does not give rise to personal jurisdiction over us, either
specific or general, in jurisdictions other than [STATE]."

This seems to be at best hopeful and at worst in terrorem but I've
probably missed some relevant developments.

Can anyone point me to state or federal caselaw (conflicts of laws or
jdx, contracts cases, or otherwise) which would support this gambit?
--

Carol Ruth Shepherd, Esq.
VP/General Counsel Loud Feed, Inc. | http://loudfeed.com
Principal, Arborlaw PLC | http://arborlaw.biz
734.717.4646 v 734.786.1241 f


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Wed Sep 17, 2008 7:44 pm

arborlaw@...
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Message #50578 of 50593 |
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I just saw my third or fourth instance of a contract provision along the lines of: "You agree that 1. the site, services and platform shall be deemed solely...
Carol Shepherd
arborlaw@...
Send Email
Sep 17, 2008
8:22 pm

I'm not sure how this adds anything if you've already negotiated an exclusive jurisdiction provision in the contract. Are you spotting these in terms of...
Warren E. Agin
wea@...
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Sep 18, 2008
2:36 pm

I've run into these only in unilateral contracts -- two TOS, two are non-negotiable software licenses. I wouldn't be counseling a client to agree to these in...
Carol Shepherd
arborlaw@...
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Sep 18, 2008
3:54 pm

The provision doesn't make a lot of sense to me. You may consent to personal jurisdiction, but I don't think you can "deem" it away. In a two party contract...
Stephen T. Middlebrook
Stephen.Middlebrook@...
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Sep 18, 2008
4:45 pm
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