Frietsch v. Refco, Inc.

The undersigned joins the majority except for a substantive concern pursued by appellants which has not been considered by either the District or this Appellate Court.

Plaintiffs’ belatedly presented an affidavit on German law as a basis for their motion to reconsider the District Court’s order of dismissal. In citing German Code of Civil Procedure § 38 appellants continue to argue that if the German forum selection clauses are enforced as ruled by the District Judge, plaintiffs will be deprived of their day in court. They contend that Refco will be unreachable by these plaintiffs because…