The Full Faith and Credit Clause of the United States Constitution provides that “Full Faith and Credit shall be given in each State to the public acts, records, and judicial proceedings of every other state.” In terms of stipulations of settlement, New York courts favor such stipulations and will rarely set them aside absent the
James R. Maguire
James R. Maguire handles a broad range of complex commercial litigation matters, with a focus on construction law. He advises owners, general contractors, and subcontractors in all aspects of construction litigation, including construction defect cases, payment disputes, delay and inefficiency claims, terminations for default, and performance bond claims. In these matters, James actively engages in legal research and analysis, discovery, and dispositive motion practice.
The Ball is in Who’s Court?: Commercial Division Denies Plaintiffs’ Attempt to Invalidate Forum-Selection Clause in Promissory Notes
Most commercial contracts contain a choice of law provision and/or forum-selection clause. Under New York law, it is well recognized “that parties to a contract may freely select a forum which will resolve any disputes over the interpretation or performance of the contract” (Brooke Group Ltd v JCH Syndicate 488 et al). Recently,…