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MONTH-IN-BRIEF (Nov 2017)

Commercial Law

Eighth Circuit on Construing Indemnification Clauses

By Steven O. Weise, Proskauer Rose LLP, and Teresa Wilton Harmon, Sidley Austin LLP

Feed Management Systems Inc. v. Comco Systems Inc., 823 F.3d 488 (8th Cir. 2016).  The Eighth Circuit held that it will “strictly construe indemnification agreements that shift liability for the indemnitee’s own negligence.” When an indemnification agreement does not shift liability for negligence, ordinary principles of contract interpretation apply.

Second Circuit on Limits of Court Jurisdiction over Corporations Registered to Conduct Business in the Court’s State

By Steven O. Weise, Proskauer Rose LLP, and Teresa Wilton Harmon, Sidley Austin LLP

Brown v. Lockheed Martin Marietta Corporation, 814 F.3d 619 (2d Cir. 2016).  The State of Connecticut does not have general personal jurisdiction over a corporation registered to do business in the state even though the corporation does significant business in the state. Registration is not consent to jurisdiction, and a corporation is not “at home” in the state where it is not formed under the law of that state or have its chief executive office in that state.

Second Circuit on Review by Courts of Arbitration Awards

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