Most commercial contracts contain a choice of law and forum selection clause. If the contract says that disputes between the parties will only be heard in Delaware courts, the defendant can move to dismiss based on documentary evidence – the contract and the forum selection clause. Similarly, if a plaintiff files a breach of contract
Some people have heard the Japanese kōan “What is the sound of one hand clapping?,” attributed to the Japanese Zen Buddhist Hakuin Ekaku. Well, what is the sound of one party litigating? A default judgment.
When a plaintiff sues and the defendant doesn’t respond, the plaintiff is entitled to a “default judgment.” When the plaintiff