X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ON PETITION FOR WRIT OF MANDAMUS

In this mandamus petition we are asked to review a trial court’s refusal to enforce a forum-selection clause designating a California forum for any lawsuits “arising out of” a distribution agreement. The clause was in an exhibit to the agreement, signed by all the parties, but the exhibit specifically referenced only one of the two defendants sued. We hold that the trial court abused its discretion in failing to enforce the clause, and we conditionally grant the petition.

Relator Lisa Laser Products, oHG*fn1 (“Lisa Germany”) is a German partnership that manufactures lasers for use in various medical fields. Lisa Laser USA, Inc., (“Lisa USA”) is the registered assumed named of a California corporation affiliated with Lisa Germany (collectively, “Lisa Laser”). Lisa Germany manufactures medical lasers, and Lisa USA is the distributor of those products within the United States. In 2005, Lisa USA signed a distribution agreement with Real Party in Interest HealthTronics, Inc., a Georgia corporation headquartered in Austin, Texas. In 2007, the agreement was superseded by an Amended and Restated Distribution Agreement (the Distribution Agreement or Agreement) that included Lisa USA and HealthTronics, the original contracting parties, and added Lisa Germany as a party. The President of Lisa USA, the CEO of Lisa Germany, and the Senior Vice-President for Medical Products of HealthTronics signed it.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More

FULL-TIME COMMERCIAL LITIGATION ASSOCIATE SATTIRAJU & THARNEY, LLP SEEKS AN ASSOCIATE ATTORNEY PREFERABLY WITH 4-7 YEARS OF EXPERIENCE ...


Apply Now ›

McCarter & English, LLP is actively seeking a chemistry patent associate with an advanced degree in chemistry. Candidates should have 2-...


Apply Now ›

McCarter & English, LLP is actively seeking a biotechnology patent associate or patent agent with an advanced degree in biology, biochem...


Apply Now ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›