Case Of The Month

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    Wisconsin Senate Bill 69. SB 69

    October 2017 Wisconsin Senate Bill 69.  SB 69 would re-write Wisconsin restrictive covenant law.  SB 69 will allow blue-penciling: “If the restraint is overbroad, overlong, or otherwise not reasonably necessary to protect the legitimate business interest, the court shall modify the restraint and grant only such relief as is reasonably necessary to protect that legitimate business.” SB 69 rejects the canons of construction set forth in the Streiff case:  “A court shall construe a restrictive covenant in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement of the restrictive covenant. read more
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    Atlantic Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas

    October 2017

    Atlantic Marine Const. Co., Inc. v. U.S. Dist. Court for W. Dist. of Texas, 12-929, 2013 WL 6231157 (U.S. Dec. 13, 2013)  The appropriate way to enforce a forum-selection clause pointing to a state or foreign forum is through the doctrine of forum non conveniens, not a motion to dismiss pursuant to § 1406(a) or FRCP Rule 12(b)(3), because a forum-selection clause does not render venue in a court “wrong” or “improper.” 

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    Trustmark Ins. Co. v. John Hancock Life

    October 2017
    Trustmark Ins. Co. v. John Hancock
    Life Ins. Co. (U.S.A.), 09-3682, 2011 WL
    285156 (7th Cir. Jan. 31, 2011).

    Two insurance companies agreed that Trustmark would re-insure some risks underwritten by John Hancock. The parties submitted a dispute to arbitration under the contracts' broad arbitration clauses. An award was issued and confirmed.

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