Legal Opinion

Frietsch v. Refco, Inc.

Court of Appeals for the Seventh Circuit

Decided June 7, 1995No. 94-3778PublishedCited by 140 opinions

1Opinion of the Court

POSNER, Chief Judge.

The plaintiffs, who are citizens and residents of Germany, brought this suit for federal securities fraud against Refco, a U.S. commodities broker headquartered in Chicago. (There are two other defendants, but we need not discuss them separately.) Refco moved to dismiss the suit on the ground that the forum selection clause in the plaintiffs’ investment contracts made Germany the exclusive venue for any suit arising out of the contracts. The district judge granted the motion, precipitating this appeal.

The background to the dispute can be sketched briefly. Several years ago…

2Cases cited29 opinions

  1. Vendo Co. v. Lektro-Vend Corp.Supreme Court of the United States · 1977
  2. George Lambert, D/B/A Rainbow Fruit v. Sam Kysar and Joan Kysar, D/B/A Lewis River Tree FarmCourt of Appeals for the First Circuit · 1993
  3. Cabinetree of Wisconsin, Incorporated v. Kraftmaid Cabinetry, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  4. Dieter M. Hugel, Gulf Coast Marine, Incorporated, and Ocean Marine Indemnity Company v. The Corporation of Lloyd's, a United Kingdom CorporationCourt of Appeals for the Seventh Circuit · 1993
  5. Certain Interested Underwriters at Lloyd's, London, England v. James E. Layne Cindy Carol Kilgore, Larry Nig KilgoreCourt of Appeals for the Sixth Circuit · 1994

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3Cited by140 opinions

  1. Pacific Insurance Company v. American National Fire Insurance Company, Rail Link, IncorporatedCourt of Appeals for the Fourth Circuit · 1998
  2. Continental Casualty Company, an Illinois Insurance Company v. American National Insurance Company, a Texas Insurance CompanyCourt of Appeals for the Seventh Circuit · 2005
  3. Silva v. Encyclopedia Britannica Inc.Court of Appeals for the First Circuit · 2001
  4. K & v Scientific Co. v. Bayerische Motoren Werke Aktiengesellschaft ("BMW")Court of Appeals for the Tenth Circuit · 2002
  5. Dal Pozzo, Kevin A. v. Richards Brick Co.Court of Appeals for the Seventh Circuit · 2006

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