[ SHOWGSD-L ] I must say so
- From: ELG440@xxxxxxx
- To: showgsd-l@xxxxxxxxxxxxx
- Date: Wed, 27 Oct 2010 14:02:14 EDT
I wasn't going to say anything, but I have to address the idea that to be a
member you have to give up your right to sue and only do arbitration in
New York.
I took that issue up on appeal lately. My client bought a kennel building
out of Denver and the contract had a clause that she had to arbitrate any
and all claims in Denver. The court, and then the Court Of Appeals agreed
with me, that no contract can force you to come to a different state to
litigate. Also, they threw out the arbitration since it was not discussed, but
rather a term of the contract. That is called an adhession contract and is
not legal.
You can, if you negotiate a contract to do a choice of law agree whose laws
to use. In other words, you can agree to use the laws of New York. But, if
damages are caused in California, the California courts will uphold the
New York laws and use them at trial, but you can't be forced to go to New
York. You have to have at least minimum contact with the state.
That is why Florida would not hear the individual claims, (which I refuse
to discuss any further) but did allow the litigation to go forward against
the club. The club had sufficient contact with Florida.
In most cases you can sue where the defendent resides, where the contract
was to be performed, or where the harm was caused. But, it is not possible
to bring someone to another state, by then being forced to sign the
agreement, without negotiating that term.
I do wish the board would talk to their attorneys who are on the board, if
nothing else. This is such a waste of time, and can't be enforced. Also,
it will allienate some potential members. It serves no purpose, and might
cause problems for our club.
My client who bought the kennel building is on this List, and if he/she
wants to discuss it further he/she can. And, if anyone wants my Appeal Brief,
let me know and I will dig it up and send it. It was a year or so ago.
If no one wants legal advice, as I often am told, just delete this. I try
to avoid doing legal stuff on the List, I just got back from a Motion
Calendar in Los Angeles and have a deposition this afternoon. The List is
supposed to take me away from the law. Some times I feel the need to clarify
points.
Evan Ginsburg
Asgard German Shepherds
http://www.asgardgsd.com/
Where Type Movement and Temperament come together
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