Thursday, March 2, 2017

Choice Of Applicable Law (German, Or US Federal Law) Fight, Now Abated -- In Merck Vs. Merck Naming Spat

The parties apparently have agreed to work out a joint statement -- on which jurisdiction's law(s) will apply -- to the various parts of this federal court Lanham Act and naming rights battle, underway in New Jersey since last year.

The able magistrate judge was able to narrow the parties' area(s) of discord (as we discussed in October of 2016, and again at Christmas Eve), it seems:

. . . .ORDER terminating [30] Motion to Determine Governing Law; that the parties shall meet and confer and shall submit a Proposed Amended Joint Discovery Plan to the Court by March 10, 2017.

Signed by Magistrate Judge Michael A. Hammer on 2/23/17

[Ed. Nota Bene: posted to PACER, with transcript orders -- on morning of 03/02/2017]. . . .

Of course, the not so sub-rosa learning point here is always to include a choice of law and conflicts of law section when one drafts. Indeed. Now you know -- we will expect a memo of law on it by next weekend, then. Onward -- for fun!


No comments: