Niagara Bottling, L.L.C. v. Rite-Hite Company, L.L.C.
United States District Court for the Central District of California
2019 WL 1768875 (2019)

- Written by Mary Phelan D'Isa, JD
Facts
Niagara Bottling, L.L.C. (Niagara) (defendant) bought $7 million of dock levelers from Rite-Hite Company, L.L.C. (plaintiff) that failed to perform. When Niagara demanded compensation, Rite-Hite sued Niagara in Wisconsin, seeking a declaratory judgment that it did not breach any warranty on the levelers. Niagara filed suit against Rite-Hite in California for breach of contract and breach of warranty. Citing a forum-selection clause in its price quote, Rite-Hite moved to dismiss the California suit and have it transferred to Wisconsin. Niagara contested the motion, citing a forum-selection clause in its purchase order that required all disputes be litigated in California, which it alleged Rite-Hite accepted when it performed the contract.
Rule of Law
Issue
Holding and Reasoning (Gutierrez, J.)
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