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Gita Sports Limited v. SG Sensortechnik Gesellschaft mit beschrankter Haftung & Company Kommanditgesellschaft

560 F. Supp. 2d 432 (2008)

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Gita Sports Limited v. SG Sensortechnik Gesellschaft mit beschrankter Haftung & Company Kommanditgesellschaft

United States District Court for the Western District of North Carolina

560 F. Supp. 2d 432 (2008)

Facts

Gita Sports Ltd. (Gita) (plaintiff) entered a contract with SG Sensortechnik GmbH & Co. (Sensortechnik) (defendant) to be the exclusive seller of Sensortechnik’s bicycle equipment. The contract contained a forum-selection clause setting venue in a German court. Gita sued in the United States District Court for the Western District of North Carolina after Sensortechnik failed to perform under the contract. Sensortechnik filed a motion to dismiss for improper venue because of the forum-selection clause. The parties disputed whether federal law, North Carolina law, or German law should determine the validity of the forum-selection clause.

Rule of Law

Issue

Holding and Reasoning (Whitney, J.)

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