choice-of-law clause in Maryland

2020We determined that “‘hereunder and thereunder’ limit[ed] the scope of the choice of law clause to those rights specifically stated in the Deposit Agreement and the Receipts.” Id. at 17 .

2011In reaching that conclusion, we stated, "[b]ased upon the grammatical and syntactical structure of the clause, `hereunder' must concern the rights and obligations contained within the Deposit Agreement, which is the document where the choice of law clause appears." Tomran, 391 Md. at 14 , 891 A.2d at 344 .

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2006The United States Court of Appeals for the Ninth Circuit in Batchelder v. Kawamoto, 147 F.3d 915 (9th Cir.), cert. denied 525 U.S. 982 , 119 S.Ct. 446 , 142 L.Ed.2d 400 (1998), reached the same conclusion when presented with a choice of law clause that was substantively identical to the clause at issue in the case sub judice.

2009The Court of Appeals has required the existence of a “strong” public policy to override a choice-of-law clause in a contract, id. at 621 , 921 A.2d 799 , and has not hesitated to apply out-of-state law, even where it would *666 trump an act of the General Assembly.

2009The Court of Appeals has required the existence of a “strong” public policy to override a choice-of-law clause in a contract, id. at 621 , 921 A.2d 799 , and has not hesitated to apply out-of-state law, even where it would *666 trump an act of the General Assembly.

2008“When an agreement’s choice of law clause provides that disputes will be resolved in accordance with state law ... the selected state’s arbitration act governs issues concerning arbitration under the agreement’s arbitration clause.” Rourke v. Amchem Products, Inc., 153 Md.App. 91, 119 , 835 A.2d 193 (2003).

2008“When an agreement’s choice of law clause provides that disputes will be resolved in accordance with state law ... the selected state’s arbitration act governs issues concerning arbitration under the agreement’s arbitration clause.” Rourke v. Amchem Products, Inc., 153 Md.App. 91, 119 , 835 A.2d 193 (2003).

2005Wells, 377 Md. at 199-200 , 832 A.2d 812 .

2005Wells, 377 Md. at 199-200 , 832 A.2d 812 .

2004Generally, “[w]ith regard to foreign corporations, Maryland courts have traditionally declined to interfere in management disputes under the ‘internal affairs doctrine.’ ” NAACP v. Golding, 342 Md. 663, 673 , 679 A.2d 554 (1996) (citations omitted). 8 In Golding , the Court of Appeals explained: *717 Our courts ... can enforce no forfeiture of charter for violation of law, or removal of officers for misconduct; nor can they exercise authority over the corporate functions, the by-laws, nor the relations between the corporation and its members, arising out of, and depending upon, the law of its

2004Generally, “[w]ith regard to foreign corporations, Maryland courts have traditionally declined to interfere in management disputes under the ‘internal affairs doctrine.’ ” NAACP v. Golding, 342 Md. 663, 673 , 679 A.2d 554 (1996) (citations omitted). 8 In Golding , the Court of Appeals explained: *717 Our courts ... can enforce no forfeiture of charter for violation of law, or removal of officers for misconduct; nor can they exercise authority over the corporate functions, the by-laws, nor the relations between the corporation and its members, arising out of, and depending upon, the law of its

2003In rejecting an argument that Pennsylvania substantive tort law should apply, the United States Court of Appeals emphasized that “Maryland’s wrongful death statute speaks directly to the choice of law rule to be applied in such cases,” 902 F.2d at 287 .

2003The court held that, as to the claim against Dr. Un, the statute directly required “application of the law of Delaware where occurred the ‘wrongful act’ charged to him.” Ibid.

1995Recently, in KNS Companies, supra, a federal court in Illinois applied Indiana law in an environmental coverage case involving a polluted waste site in Indiana, even though the insured in that case was an Illinois corporation. 866 F.Supp. at 1125 .

1995Recently, in KNS Companies, supra, a federal court in Illinois applied Indiana law in an environmental coverage case involving a polluted waste site in Indiana, even though the insured in that case was an Illinois corporation. 866 F.Supp. at 1125 .

1995Penney, 336 Md. 606 , 650 A.2d 246 (1994) (applying § 187 to analyze the validity of a choice-of-law clause).

1995Penney, 336 Md. 606 , 650 A.2d 246 (1994) (applying § 187 to analyze the validity of a choice-of-law clause).

1995In Kronovet v. Lipchin, 288 Md. 30 , 415 A.2d 1096 (1980), we cited with approval Restatement § 187 in determining whether we would enforce the contracting parties’ choice-of-law clause contained in a contract.

1995In Kronovet v. Lipchin, 288 Md. 30 , 415 A.2d 1096 (1980), we cited with approval Restatement § 187 in determining whether we would enforce the contracting parties’ choice-of-law clause contained in a contract.

1995The court noted that: “While ... section [193] does not preclude considerations of other factors in a choice of law analysis, the ‘location of the insured risk will be given greater weight than any other single contact in determining the state of applicable law provided that the risk can be located, at least principally in a single state.’ ” Id. (quoting Restatement (Second) Conflict of Laws § 193, cmt. b, at 611 (1971)).

1985Bethlehem argues, however, that the lex loci contractus rule should be deemed inapplicable on public policy grounds "only when the application of that [foreign] law violates a strong public policy of this State." (Brief, p. 8.) Bethlehem points out "that a mere difference between the policies of the jurisdictions involved would not justify a refusal to follow the [foreign] ... law," as otherwise "[t]he public policy exception to choice of law principles would thus swallow the choice of law analysis...." ( Id. at pp. 13, 17.) This Court's opinions which Bethlehem relies upon are Texaco v. Vande

1985Bethlehem argues, however, that the lex loci contractus rule should be deemed inapplicable on public policy grounds "only when the application of that [foreign] law violates a strong public policy of this State." (Brief, p. 8.) Bethlehem points out "that a mere difference between the policies of the jurisdictions involved would not justify a refusal to follow the [foreign] ... law," as otherwise "[t]he public policy exception to choice of law principles would thus swallow the choice of law analysis...." ( Id. at pp. 13, 17.) This Court's opinions which Bethlehem relies upon are Texaco v. Vande

1985Bethlehem argues, however, that the lex loci contractus rule should be deemed inapplicable on public policy grounds "only when the application of that [foreign] law violates a strong public policy of this State." (Brief, p. 8.) Bethlehem points out "that a mere difference between the policies of the jurisdictions involved would not justify a refusal to follow the [foreign] ... law," as otherwise "[t]he public policy exception to choice of law principles would thus swallow the choice of law analysis...." ( Id. at pp. 13, 17.) This Court's opinions which Bethlehem relies upon are Texaco v. Vande

1985Bethlehem argues, however, that the lex loci contractus rule should be deemed inapplicable on public policy grounds "only when the application of that [foreign] law violates a strong public policy of this State." (Brief, p. 8.) Bethlehem points out "that a mere difference between the policies of the jurisdictions involved would not justify a refusal to follow the [foreign] ... law," as otherwise "[t]he public policy exception to choice of law principles would thus swallow the choice of law analysis...." ( Id. at pp. 13, 17.) This Court's opinions which Bethlehem relies upon are Texaco v. Vande