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