Federal Judiciary

Hillis v. Heineman (9th Cir. - Nov. 19, 2010)

By Shaun Martin

Not too long.  Not too short.  Not overly descriptive.  Not overly normative.  Correct holding.  Concise, understandable and clear.

Just like filing a permissive counterclaim doesn't waive an otherwise-preserved objection to personal jurisdiction, ditto for venue (e.g., on the basis of a forum selection clause).  A couple of older courts have perhaps held otherwise.  But that's neither the majority, nor the correct, rule.

Wonderfully said here, Judge Gould.

Full post as published by California Appellate Report on November 19, 2010 (boomark / email).