Second Circuit

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Blawgletter likes choice of forum clauses in contracts. We think parties to pacts will do themselves a favor if they provide in advance for where they'll sort out any fights over what they agreed to. And, while we admire those who make the effort, we wonder why they so often do a poor better job…

Four years ago, Blawgletter wrote about a Second Circuit ruling that rejected claims by workers at Ground Zero for the harm that resulted from breathing toxic air in the aftermath of the 9/11 attacks. We said:

The Second Circuit yesterday affirmed dismissal of claims that the federal government deliberately misrepresented the safety of working at Ground Zero…

With the U.S. Supreme Court making the test for class actions tougher, you may see a short-term increase in denials of class treatment. You may as a result also witness a surge in class members' filing cases where they assert the now-dead class claims on an individual basis.

But what if — as often happens…

Way back in January 2009, Blawgletter wrote that we doubted a 1995 federal law – a sub-section of which the Second Circuit called "the RICO Amendment" — bars claims, under the Racketeer-Influenced and Corrupt Organizations Act, that allege fraud involving credit default swaps and other swap contracts. MLSMK Inv. Co. v. JP Morgan Chase & Co., No.