Archive for November 2022
May I select this forum? Why permissive language in a forum selection clause does not necessarily lead to a permissive clause.
Most contracts contain a forum selection clause. Such a clause allows contracting parties, in the event of a dispute, to “agree in advance to submit to the jurisdiction of a given court . . . .” Nat’l Equip. Rental Ltd. v. Szukhent, 375 U.S. 311, 315-16 (1964). A forum selection clause may be permissive, meaning…
Read MoreFinality of Agency Orders
With limited exception, an agency order must be final before the order can be appealed to a District Court of Appeal. § 120.68(1)(a), Fla. Stat. An order is generally considered final when the order resolves the substantive controversy between the agency and the party challenging agency action. Miami-Dade Water & Sewer Auth. v. Metro. Dade…
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