Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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 In 2007, the agreement was superseded by an Amended and Restated Distribution Agreement (the Distribution Agreement or Agreement) that included Lisa USA and HealthTronics, the original contracting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

Premium Subscription

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

Team Accounts

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

Bundle Subscriptions

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

Dispute Resolution Forum 2021

June 16, 2021

Legal professionals from In-House, Private Practice and the Bar work together to overcome challenges facing dispute resolution.


GlobeSt. NET LEASE Spring 2021

June 16, 2021 - June 17, 2021
New York City, NY

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.


Pennsylvania Legal Awards 2021

June 24, 2021

The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania with their dedication to law.


Litigation Attorney

Cedar Knolls, New Jersey, United States

Multi-jurisdictional firm seeks self-starting attorney licensed in New York for general litigation, toxic tort and medical malpractice litig...

Apply Now ›


Fairfield County, Connecticut, United States

Zeldes, Needle & Cooper PC, a prominent CT law firm with offices in Fairfield County, seeks a real estate/transactional associate with 2+ ye...

Apply Now ›


Hartford, Connecticut, United States

Busy Hartford criminal defense firm looking for part-time associate. Some experience required.Send inquiries to:Box #982| c/o CT Law Tribune...

Apply Now ›



GILL & CHAMAS Congratulations to our partner and friend,DAVID H. LANDE, ESQ on his appointment to Judge in the Division of Workers Compensation.

View Announcement ›



Please to announce that....

View Announcement ›



Bennett, Tina mourns the loss of Elizabeth (Libby) Bennett, Esq.

View Announcement ›