Viewing a single comment thread. View all comments

r33k3r t1_irjja6q wrote

Reply to comment by plugubius in Pot twist: Cannabis firm refuses federal judge's ruling because its business isn't legal under federal law by Doc_Dante

Is someone suggesting that state law on leases would be preempted, rather than that the federal court simply wouldn't be the venue to deal with state contract law matters, and that this contract can't be adjudicated under federal contract law because it's an illegal contract under federal law?

5

plugubius t1_irjjwkq wrote

My assumption is that was the argument, because federal courts are certainly the right place to hear state-law disputes between citizens of different states.

2

r33k3r t1_irjkdme wrote

I dunno. I think leases of real property are almost always governed by the laws of the state where the property is located, not whatever other state the parties happen to reside in.

2

plugubius t1_irjksit wrote

That is a question of choice of law, not federal jurisdiction. Illinois law will usually apply to Illinois properties, but that doesn't mean a New York federal court can't apply Illinois law.

2