Microsoft Libya hired a Libyan citizen, Mahmoud Kedkad, to work as a Marketing Lead in Tripoli. Kedkad signed a one-year employment agreement (2010 Contract) providing that: This contract is subject to the prevailing labor law applicable in Libya. The Libyan courts shall have jurisdiction to decide any disputes that may arise in the future between the parties involved in this contract. The next year, Kedkad signed another contract (2011 Contract) with the following Article 10: This Contract is subject to the provisions of Libyan Labor law No. 58 and its amendments and all other decisions, decrees, or regulations which have not been specifically mentioned in this contract. During the term of the 2011 Contract, revolution erupted in Libya. Microsoft Libya shut down and evacuated all of its employees, including Kedkad, to the United States. Microsoft then reassigned Kedkad to Dubai, but he told the company he could not go because of the Post-Traumatic Stress Disorder (PTSD) he had acquired from his exposure to horrible violence in Libya. He asked either to be assigned to a job in the U.S. or to have his duties modified. Microsoft fired him. Kedkad sued Microsoft in the U.S., alleging that it had violated his contact by firing him and also that it had refused to accommodate his PTSD disability as required by U.S. law. Microsoft filed a motion to dismiss on the grounds that the case should be heard in Libya and under Libyan law. It argued that such a requirement was implied in the 2011 Contract and, furthermore, No. 58 of the Libyan Labor Law required it. However, because No. 58 had been repealed and replaced by Libyan Labor Law No. 12, Microsoft argued that No. 12 also applied and that this statute would also have required the case to be heard in Libya. Issue: Does Kedkad’s contract require that his lawsuit be tried in Libya? Excerpts from Judge Henderson’s Decision: Article 10 of the 2011 Contract does not, by its terms, contain a forum selection clause. This absence of forum selection language is particularly notable because the predecessor 2010 Contract contains both a choice of law provision and a forum selection provision: The Libyan courts shall have jurisdiction to decide any dispute that may arise in the future between the parties involved in this contract. [As for Microsoft’s second argument,] Article 10 does not reference Law No. 12 at all. By contrast, the 2010 Contract arguably used clear and unequivocal terms to alert Plaintiff that his claims were to be adjudicated in Libyan courts. Rather, Article 10 references Labor Law No. 58, which appears to have been repealed nearly one year before the parties executive the 2011 Contract. Reference to a repealed statute hardly provides clear and unequivocal reference. Alternatively, [Microsoft argues] Article 10’s catch-all provision could refer to Law No. 12: “This Contract is subject to…all other decisions, decrees or regulations which have not been specifically mentioned in this contract.” [T]he Court finds that the incorporation by reference here to non-enumerated sections of amending legislation to a repealed statute is too attenuated. The Court finds Article 10 does not sufficiently call to Plaintiff’s attention the statutory provision that purportedly act as a forum selection clause contained in either Labor Law No. 58 or Law No. 12. It is similarly unclear to the Court whether Labor Law 12 would have been known or easily available to Plaintiff. The Court finds that Article 10 is amorphous and would not have guided the reader to the purported forum selection clause in Law No. 12. Therefore, the Court declines to find Article 10 incorporates by reference a forum selection clause. Accordingly, the Court DENIES Defendant’s Motion to Dismiss. Required: a. Why do you think Microsoft made the employment contract with plaintiff subject to Libyan law, and not U.S. law? b. According to the court, did Plaintiff’s 2011 contract contain a forum selection clause? c. Did Microsoft’s catch=all clause provide a forum selection clause through other Libyan statutes? d. Why was it important that there be a strong connection between the catch-all clause and a forum selection clause?
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> For 12 years, David Brune taught theater and drama at the Dalton School, an elite private school in New York City. Like other Dalton faculty, he worked on a renewable one-year contract. The school chose Thoroughly Modern Millie as the middle school’s an
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> The Tufte family leased a 260-acre farm from the Travelers Insurance Co. Toward the end of the lease, Travelers mailed the Tuftes an option to renew the lease. The option arrived at the Tuftes’ house on March 30, and gave them until April 14 to accept. O
> The Rosenbergs owned a Dairy Queen in Grand Forks, North Dakota. They agreed in writing to sell the Dairy Queen to Mary Pratt. The contract required her to pay $10,000 down and $52,000 over 15 years, at 10 percent interest. Two years later, Pratt assigne
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> In 1960, The New York Times ran a full-page advertisement paid for by civil rights activists. The ad described an “unprecedented wave of terror” by the police of Montgomery, Alabama, against civil rights protesters. It stated that the police had assaulte
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> Heritage wanted to buy a substance called TBCC from Phibro but, because of uncertainty in the industry, the two companies could not agree on a price for future years. It turned out, though, that the price of TBCC tended to rise and fall with that of copp
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> As IT professional describes how short-term thinking threatened him and his company: The CIO of my company was the kind of boss who expected people to do as they were told. Everyone in the company kowtowed to him, even his peers. Years before, he had in
> Wesley Autrey was standing on a train platform with his two young daughters, and a man he did not know. Suddenly, this man had a seizure, causing him to fall on the tracks. Autrey heard a train approaching, and knew he had only seconds to act. Leaping on
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> Throughout the early 1990s, Royal Dutch Petroleum, a Dutch company, and Shell, a British company, were engaged in oil exploration and production in Nigeria. When local residents protested the oil companies’ practices, the firms allegedly paid the Nigeria
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> For two decades, James Obergefell and John Arthur were in a committed same-sex relationship in Ohio. Arthur got very sick, and the couple was eager to marry before he died. Since same-sex marriage was illegal in Ohio and Arthur could not easily move, the
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> Plaintiffs alleged that Robert Beeman purchased dilapidated houses in poor sections of Baltimore, searched for unsophisticated, low-income buyers, and promised them a renovated home for a mere $500 down payment. Beeman had the buyers sign contracts for g
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> David Novak suffered a brain aneurysm and was unconscious. An ambulance took him to Saint Regional Medical Center, where doctors successfully operated. Novak remained in the hospital for two months and then was discharged. Novak did not pay the Medical
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