The Gap nixes Exchange Act derivative claims via forum selection – 9th Circ.


So would the Supreme Court be interested in what appears to be a circuit split? Forum selection proponent Joseph Grundfest of Stanford Law School told me by email that he thinks the circuits’ divergence on a matter of statutory construction would pique the justices’ interest. “I would think that a grant of cert on this split is at least as likely as not, if a petition is filed,” Grundfest said.

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