Wednesday, January 2, 2013

New Improved 2013 3d DCA Watch -- Same As It Ever Was.

 

Well it's a New Year and most of you are still away postponing the implementation of your New Year resolutions until at least next week when you are back in the office.

But not deep in the Bunker, which has been hard at work over the holiday break, toiling in the cold concrete darkness, cranking out new and improved ways to discuss the history of the phrase "cut and paste."

Anyone remember this gem from November 2012?

It's back:
Appellee would have us create an exception to our jurisprudence on mandatory forum selection clauses based on their error in cutting and pasting the clause from another agreement. Of course, the origin of "cutting and pasting" comes from the traditional practice of manuscript-editing whereby writers used to cut paragraphs from a page with “editing scissors,” that had blades long enough to cut an 8½"-wide page, and then physically pasted them onto another page. Wikipedia, http://en.wikipedia.org/wiki/Cut,_copy,_and_paste (last visited September 17, 2012). Today, the cut, copy, and paste functions contained in word processing software render unnecessary the use of scissors or glue. However, what has not been eliminated is the need to actually read and analyze the text being pasted, especially where it is to have legal significance. Thus, in reviewing the mandatory selection clause which Appellant seeks to enforce, we apply the legal maxim “be careful what you ask for” and enforce the pasted forum.
So, first lesson of 2013:  Illinois courts still exist.

And what were your resolutions?

5 comments:

Anonymous said...

Drink more, work less.

Godwhacker said...

What need I of "new years resolutions" when I am now totally and completely perfect? Change? Oh, I suppose I could smite my enemies with a little more tenderness. What chance do they have?

Greg Prosmushkin said...

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i think to write in blogs, you have to be very focused on what is the main subject and the rest comes casually

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