4 ms·
OK, but a FRCP 12(b)(6) motion (or its CA law equivalent) to dismiss the breach of contract claim can be heard in either court, as can adjudication upon the mer
by otterley 5y ago
OK, but a FRCP 12(b)(6) motion (or its CA law equivalent) to dismiss the breach of contract claim can be heard in either court, as can adjudication upon the merits of the claim itself. The change-of-venue motion is orthogonal to that.
- pabs3 5y agoHmm, the LWN comments (link in another comment) seem to indicate that contract law is a state thing and copyright law a federal thing.
- otterley 5y agoThey are, but Federal cases can be adjudicated in State courts (though they rarely are); and State law breach-of-contract claims can be adjudicated in Federal courts.