An Emerging Trend in Enforcement of Forum Selection Clauses in Federal Court

Forum selection clauses—a valuable tool for minimizing the risks of class action litigation before unfamiliar courts and unfavorable jury pools—often come under attack by opponents based on choice-of-law issues. The authors contend an emerging body of federal court decisions offers a new line of defense by differentiating forum selection and choice-of-law issues.

Reproduced with permission from Class Action Litigation Report, 14 CLASS 890, 7/26/13. Copyright 2013 by The Bureau of National Affairs, Inc. (800-372-1033) http://www.bna.com