Friday, November 19, 2010

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

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.