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RJChicago

Arbitration News - It May Be Going to Court

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1 hour ago, RJChicago said:

You sound like you definitely know what you are talking about - so I'm sure your right. I'm enjoying learning about this - so I again just dug into this a little and I just asked someone who knows a lot more about this than me and he said that what you described is absolutely true in the letter of the law but there are more federal judges who are ruling in cases that technically should not be under their jurisdiction and this is a major area of contention. Sometimes the battle about which court a case should be in or whether it is justiciable at all are sometimes fought over for a year or more at the trial court level - with hearings, rulings, appeals, etc. - with both sides spending tons of time fighting about whether a particular court is the proper forum, or whether or 

If it were as cut and dried as their only one proper forum, then their wouldn't be major supreme court cases like the one below that directly weigh in on forum shopping fights, or thousands of pages of law review articles like the one below. Nor would their be a multi-billion dollar industry, patent trolling, which many legal minds say would not have existed (at least in the magnitude that it did) if the plaintiffs couldn't forum shop. Apparently, again maybe this is wrong but this is what I was told, that patent trolls, no matter where they were in the country and regardless of  where the corporate entities were and were the relevant conduct occurred that probably should have dictated which court those proceedings would be in - regardless of all of that stuff - apparently patent troll cases all ended up in the same district court in Texas due to forum shopping by the plaintiffs. Its kind of wild apparently the small town of Marshall, Texas (24,000 people according to the article below) ended up deciding tens of billions of dollars worth of patent cases from all over the country and even all over the world.

 

https://www.nutter.com/ip-law-bulletin/forum-shopping-in-the-eastern-district-of-texas

https://www.wsj.com/articles/supreme-court-further-curbs-plaintiffs-venue-shopping-with-bristol-myers-ruling-1497913350

https://www.law360.com/articles/1135930/venue-ruling-invites-forum-shopping-pa-appeals-court-told

https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3195&context=clr

https://www.yalelawjournal.org/forum/nationwide-injunctions-venue-considerations

 

Is this patent case? What am I missing?

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If for whatever reason it were to end up in court, and Yianni does not get his wrestle offs, then I'm all for him joining Angus Arthur on the jamaican wrestling team, and getting them some medals going forward.

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55 minutes ago, NJDan said:

Is this patent case? What am I missing?

The raw material for them is patents apparently but one of the main fights about them was the forum and justiciability. And many lawyers/patent trolls for plaintiffs in these cases, again apparently I do not understand all the ins and outs of it, made their careers, and literally billions of dollars, by picking their forum - even though many others argued that those cases were not properly in that court/etc. That is the basic point and how it relates to the point that was made that there is no way that this case could end up in a court picked by the plaintiffs.

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