Contract Law

Northwest, Inc. v. Ginsberg - Post-Decision SCOTUScast

SCOTUScast 4-28-14 featuring Lee Strang
Lee Strang April 28, 2014

Lee StrangOn April 2, 2014, the Supreme Court issued its decision in Northwest, Inc. v. Ginsberg. The question here is whether the Airline Deregulation Act of 1978 (the “ADA”) preempts Ginsburg’s claim that Northwest Air Lines breached an implied covenant of good faith and fair dealing when it unilaterally terminated his membership in Northwest’s frequent-flier program.

In an opinion delivered by Justice Alito, the Court unanimously held that the Airline Deregulation Act preempts a state-law claim for breach of the implied covenant of good faith and fair dealing if it seeks to enlarge the contractual obligation that the parties voluntarily adopt. The opinion of the Ninth Circuit was reversed and remanded for further proceedings.

To discuss the case, we have Lee Strang, who is a Professor of Law at the University of Toledo College of Law.

Sovereign Immunity and Freedom of Contract - Republic of Argentina v. NML Capital - Podcast

International & National Security Law Practice Group Podcast
Michael D. Ramsey April 24, 2014

Central Bank of Argentina

In 2001, Argentina defaulted on $80 billion of government bonds. When issuing the bonds in the early 1990s, Argentina expressly waived sovereign immunity, in order to get higher value for the bonds it issued. Now, Argentina is asking the U.S. Supreme Court to throw out a ruling by the Second Circuit Court of Appeals requiring disclosure of information about the country’s assets. What are the extent of the plaintiff’s rights to discovery of Argentina’s assets? Does the answer depend on the location, use, or character of the assets? The Supreme Court heard oral arguments in Republic of Argentina v. NML Capital on Monday, April 21, 2014. Our expert offered his impression of the arguments and answered questions from a call-in audience.


  • Prof. Michael D. Ramsey, Hugh and Hazel Darling Foundation Professor of Law, Director, International & Comparative Law Programs, University of San Diego School of Law

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Donning and Doffing Decided - Podcast

Labor & Employment Law Practice Group Podcast
Lawrence C. DiNardo, Tammy D. McCutchen February 04, 2014

US Steel LogoOn January 27, 2014, in Sandifer v. United States Steel, the U.S. Supreme Court unanimously held that time employee time spent donning and doffing their protective gear is not compensable by application of the Fair Labor Standards Act. The impact of the Court’s decision may have a substantial impact on employers, especially manufacturers. Our experts discussed the breadth and impact of the decision.


  • Lawrence C. DiNardo, Partner, Jones Day
  • Hon. Tammy D. McCutchen, former Administrator, Wage and Hour Division, United States Department of Labor, Shareholder, Littler Mendelson, P.C., and Chairman, Labor & Employment Law Practice Group

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Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas - Post-Decision SCOTUScast

SCOTUScast 2-3-14 featuring Stephen Sachs
Stephen Sachs February 02, 2014

Stephen SachsOn December 3, 2013, the Supreme Court issued its decision in Atlantic Marine Construction Co. v. United States District Court for the Western District of Texas. This case involves a forum selection clause, which is contractual language specifying the judicial forum for resolution of any litigation that may arise regarding the contract in question. The question before the Supreme Court was twofold: (1) Does the Court's earlier decision in Stewart Organization, Inc. v. Ricoh Corp. require federal courts to enforce forum selection clauses strictly, or are such clauses subject to a discretionary balancing-of-conveniences analysis; and (2) how should courts allocate the burden of proof between parties seeking to enforce or avoid the clause?

The Supreme Court unanimously reversed the judgment of the US Court of Appeals for the Fifth Circuit, which had effectively declined to enforce the forum selection clause. In a decision delivered by Justice Alito, the Court held that a forum-selection clause may be enforced by a motion to transfer venue under 28 U.S.C. § 1404(a). When a defendant files such a motion, the Court declared, the lower courts should transfer the case unless extraordinary circumstances unrelated to the convenience of the parties clearly disfavor a transfer. The burden is on the party acting contrary to the selection clause to show that the public interest overwhelmingly disfavors a transfer. The Court remanded the case for the Fifth Circuit to consider that issue in the context of this case.

To discuss the case, we have Stephen Sachs, who is an Assistant Professor of Law at Duke University School of Law. It should be noted that Professor Sachs submitted an amicus brief in support of neither party.