Reply to thread

Message

<blockquote data-quote="Snarf Zagyg" data-source="post: 8913981" data-attributes="member: 7023840">Most likely (but not definitely) that would be part of the judgment of the Court finding a provision invalid. In other words, litigation is rarely about &quot;one thing.&quot; So if the issue comes up that the Court must construe the provisions (plural) of the Contract, the severance clause will come up, and that's when Hasbro will make the election.It's ... okay, imagine a provision in a contract that allows one party to determine if the claim has to go to mediation at that party's discretion. Now, you get to make that election (and have the Court rule on it), but you don't get to litigate the whole case and then say, &quot;Oh, now we are going to go mediation!&quot;I am not being definitive on this because I can imagine an example where that doesn't happen (say, a state court declaratory judgment focuses on a single term, perhaps?), but regardless, they can't wait for years and say, &quot;Surprise! Remember that case no one heard about eight years ago? Yeah, about that ... we decided that the license was void. Dating back eight years. M'kay?&quot;</blockquote>

[QUOTE="Snarf Zagyg, post: 8913981, member: 7023840"] Most likely (but not definitely) that would be part of the judgment of the Court finding a provision invalid. In other words, litigation is rarely about "one thing." So if the issue comes up that the Court must construe the provisions (plural) of the Contract, the severance clause will come up, and that's when Hasbro will make the election. It's ... okay, imagine a provision in a contract that allows one party to determine if the claim has to go to mediation at that party's discretion. Now, you get to make that election (and have the Court rule on it), but you don't get to litigate the whole case and then say, "Oh, [I]now[/I] we are going to go mediation!" I am not being definitive on this because I can imagine an example where that doesn't happen (say, a state court declaratory judgment focuses on a single term, perhaps?), but regardless, they can't wait for years and say, "Surprise! Remember that case no one heard about eight years ago? Yeah, about that ... we decided that the license was void. Dating back eight years. M'kay?" [/QUOTE]

Verification