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Public Service Company of New Hampshire v. Time Warner Entertainment Company

May 7, 2012

PUBLIC SERVICE COMPANY OF NEW HAMPSHIRE
v.
TIME WARNER ENTERTAINMENT COMPANY, L.P.



The opinion of the court was delivered by: Paul Barbadoro United States District Judge

ORDER

The choice of forum clause on which the motion to remand is based plainly and unambiguously requires an action under the agreement to be brought in state court. It does not, however, limit a defendant's right of removal. Further, the contract clause requiring Time Warner to submit to the jurisdiction of any court wherein an action has been commenced against PSNH and Time Warner has indemnified PSNH merely obligates Time Warner to waive any personal jurisdiction challenge to such an indemnification action. It too does not purport to limit Time Warner's right of removal. The parties do not cite to any persuasive extrinsic evidence that addresses the issue, and any contrary case law cited by PSNH is unpersuasive. Because the clause in question does not restrict Time Warner's right of removal, and PSNH does not otherwise argue that removal was improper, its motion to remand (Doc. No. 4) is denied.

SO ORDERED.

Paul Barbadoro

cc:

20120507

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