The Impact Of Boilermakers Continues To Be Felt

Law360, New York (October 21, 2014, 10:19 AM EDT) -- In a recent decision (North v. McNamara, No. 1:13-cv-833 (S.D. Ohio Sept. 19, 2014)), the United States District Court for the Southern District of Ohio upheld a forum selection bylaw unilaterally adopted by the board of directors of Chemed Corp. after alleged wrongdoing but in advance of two suits seeking redress for such wrongdoing. In so doing, the court joined with courts in, among others, New York, Texas (Order Granting Defendants' Motion to Dismiss Because of Mandatory Forum Selection Clause, Daugherty v. Ahn, Cause No. CC-11-06211), Illinois, Louisiana and California that have ruled similarly....

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