Legal Opinion
New Jersey v. Merrill Lynch & Co., Inc.
Court of Appeals for the Third Circuit
Decided May 18, 2011No. 09-4676PublishedCited by 43 opinions
1Opinion of the Court
OPINION
WEIS, Circuit Judge.
The dispute in this appeal is a narrow one, centering on the interpretation of a forum selection clause that provides: “exclusive jurisdiction ... shall lie in the appropriate courts of the State [of] New Jersey.” Plaintiff argues that this language constitutes a waiver of the right to remove the pending litigation to the federal district courts in New Jersey. Defendant responds that the clause contemplates jurisdiction in either the state or the federal courts located in New Jersey. The District Court agreed with plaintiff and remanded the matter to the Superior…
2Cases cited15 opinions
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- George Jumara and Evangelina Jumara, H/w v. State Farm Insurance CompanyCourt of Appeals for the Third Circuit · 1995
- Kost v. KozakiewiczCourt of Appeals for the Third Circuit · 1993
- Foster v. Chesapeake Insurance CompanyCourt of Appeals for the Third Circuit · 1991
- Doe 1 v. AOL LLCCourt of Appeals for the Ninth Circuit · 2009
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3Cited by43 opinions
- Carlyle Investment Management v. Moonmouth Company SACourt of Appeals for the Third Circuit · 2015
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- Holly Judge v. Shikellamy School DistrictCourt of Appeals for the Third Circuit · 2018
- In re: Marshall L. Rader and Barbara J. RaderUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2013
- Seafarers Pension Plan v. Robert BradwayCourt of Appeals for the Seventh Circuit · 2022
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