9th Circ. Gap Ruling Creates Split On Forum Selection Clause

By Brian Burnovski, Michael Flynn and Neal Potischman (July 26, 2023, 5:15 PM EDT) -- On June 1, the U.S. Court of Appeals for the Ninth Circuit held in an en banc 6-5 decision that a forum selection clause requiring all derivative claims to be brought in Delaware state court — including federal securities claims that can only be maintained in federal court — is enforceable and requires dismissal of the federally filed suit....

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