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Choice of Law: Are Federal or State Courts the Master?

 

  • Presented: Sept. 7, 2023
  • Duration: 1 hour 13 minutes

DETAILS

 

Since the Supreme Court's Wilburn Boat decision in 1955, the marine insurance industry's only tool for restoring some semblance of the lost uniformity of federal admiralty law has been the consistent enforcement of choice of law clauses. However, the Third Circuit's decision in the Raiders case holds that States can bar the enforcement of these clauses. If it stands, then the Raiders decision is potentially the death of choice of law clauses in maritime contracts.
 

Presenter: Michael Isaac Goldman, Esq., Partner - The Goldman Maritime Law Group

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