Quote:
Originally Posted by Peter_Spaeth
First reference I have seen to the separate Standard Note and Security Agreement with the forum selection clause, though I have not followed this closely. I guess I'll have to read the briefs if I really care to figure it out, but based on what Todd just said, it does seem the court could have found that Leland's waived the forum selection clause argument by previously claiming New York not New Jersey was the proper forum. Talk about a Catch 22.
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That's just it-- seems the NY court is going to honor the choice of forum clause rather than waive its enforcement, and is kicking the case over to New Jersey. I am not sure how much it matters, since the choice of NJ law provision will likely hold either way. I too am not about to read the file-- I just saw a couple of letters submitted to the Court by counsel and took them at face value.
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