Case Study: NJ Treasury V. Merrill Lynch

Law360, New York (May 27, 2011, 11:35 AM EDT) -- In New Jersey Department of Treasury v. Merrill Lynch & Co., No. 09-4676, 2011 U.S. App. LEXIS 10020 (3d Cir. Apr. 11, 2011), the Third Circuit Court of Appeals provided an important reminder that parties may agree to waive their right to litigate in federal court and should be careful not to do so inadvertently.

Focusing on the distinction between the words “in” and “of,” the court interpreted a forum selection clause to operate as a waiver of the defendant’s right to remove a claim to...
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