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A contract contains a forum selection clause in State X. Plaintiff brings suit in State Y, requiring Defendant to incur unwarranted fees and expenses. Will Plaintiff be required to pay Defendant’s attorney’s fees for breach of this seemingly miscellaneous provision? The answer may vary based on state law and the language in the contract. In New York, despite strong enforcement of the American Rule, courts have awarded attorneys’ fees for breach of miscellaneous provisions. In California, however, fees for breach of a miscellaneous provision may be denied if the fee-requesting party does not ultimately prevail. You will draft miscellaneous contract provisions from various jurisdictions for your fantasy contract and earn points based on the strength of your draft clauses, incorporating suggestions from the panelists. Earn the most points to be crowned best fantasy contract drafter.

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The information in any resource collected in this virtual library should not be construed as legal advice or legal opinion on specific facts and should not be considered representative of the views of its authors, its sponsors, and/or ACC. These resources are not intended as a definitive statement on the subject addressed. Rather, they are intended to serve as a tool providing practical advice and references for the busy in-house practitioner and other readers.
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