Clause

California Supreme Court Signals Shift in Business Litigation with Ruling on Delaware Forum Selection Clause

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On July 21 in San Francisco, the California Supreme Court delivered a pivotal ruling in the case of EpicentRx, Inc. v. Superior Court. This decision overturned a previous ruling by the California Court of Appeal, which had upheld a trial court’s denial of a motion to transfer the case based on the doctrine of forum non conveniens. The court’s ruling centered on a clause that designated the Delaware Court of Chancery as the appropriate venue for disputes involving EpicentRx, a pharmaceutical company. The core of the debate was whether the trial court erred in its … Read more

Miami Artist Withdraws from Exhibition Over Mandatory Anti-BDS Clause, Highlights Rising Censorship in Art Contracts

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Pembroke Pines, FL — In a recent turn of events, Les Gomez-Gonzalez, a Miami-based artist, withdrew from the upcoming exhibition “Ebb & Flow: Exploring the Womanhood Continuum” at the Frank C. Ortis Art Gallery. The decision came after discovering a clause in the vendor registration form that required adherence to Florida’s anti-Boycott, Divestment, and Sanctions (BDS) policy involving Israel. This clause, part of Florida Statute 287.135, mandates that vendors do not engage in any boycott activities against Israel. Gomez-Gonzalez, expressing solidarity with Palestine, chose to publicize the issue and exit the event, the only artist … Read more

Federal Court Rules Missouri’s Second Amendment Preservation Act Unconstitutional, Upholding Supremacy Clause

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JEFFERSON CITY, Mo. – A federal appeals court has ruled against a Missouri statute that sought to nullify federal firearms regulations, marking a significant setback for the state’s legislative attempts to limit national intervention in gun laws. Established in 2021 under Governor Mike Parson, the controversial law found itself at odds with constitutional provisions, leading to a legal challenge from the U.S. Department of Justice. The law in question, known as the Second Amendment Preservation Act, targeted several federal statutes that deal with the regulation of firearms, including their sale and taxation. It proposed heavy … Read more

Cannabis Firms Challenge Federal Restrictions, Cite Commerce Clause in Appeal

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Washington, D.C. — A group of cannabis companies has announced plans to appeal a recent lawsuit dismissed by a federal judge, asserting that federal laws are impeding their ability to conduct business across state lines, thereby violating the Commerce Clause of the U.S. Constitution. This legal battle underlines the ongoing tension between federal restrictions and the burgeoning cannabis industry, which has been legalized in various forms in multiple states. The lawsuit originally aimed to challenge the federal government’s stringent control over cannabis production and distribution, a regulation rooted in the Controlled Substances Act that categorizes … Read more