Legal Opinion

John Boutari and Son, Wines and Spirits, S.A. v. Attiki Importers and Distributors Incorporated

Court of Appeals for the Second Circuit

Decided April 15, 1994No. 1080, Docket 93-7904PublishedCited by 143 opinions

1Opinion of the Court

VAN GRAAFEILAND, Circuit Judge:

John Boutari and Sons, Wines and Spirits, S.A. appeals from a summary judgment of the United States District Court for the Eastern District of New York (Spatt, J.) which dismissed its claims against Attiki Importers and Distributors Incorporated for breach of contract, goods sold and delivered, and unjust enrichment, on the ground that the district court lacked jurisdiction to hear the matter due to a forum selection clause in the contract at issue. The district court also dismissed Attiki’s counterclaim for breach of contract and failure to act in good faith.…

2Cases cited15 opinions

  1. Hunt Wesson Foods, Inc. v. Supreme Oil CompanyCourt of Appeals for the Ninth Circuit · 1987
  2. Manu International, S.A. v. Avon Products, Inc.Court of Appeals for the Second Circuit · 1981
  3. Keaty v. Freeport Indonesia, Inc.Court of Appeals for the Fifth Circuit · 1974
  4. Citro Florida, Inc., a Florida Corporation v. Citrovale, S.A., a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1985
  5. Docksider, Ltd. v. Sea Technology, Ltd.Court of Appeals for the Ninth Circuit · 1989

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3Cited by143 opinions

  1. Phillips v. Audio Active Ltd.Court of Appeals for the Second Circuit · 2007
  2. Martinez v. Bloomberg LPCourt of Appeals for the Second Circuit · 2014
  3. Albemarle Corp. v. AstraZeneca UK Ltd.Court of Appeals for the Fourth Circuit · 2010
  4. Anwar v. Fairfield Greenwich Ltd.District Court, S.D. New York · 2010
  5. Bae Sys. Tech. Solution & Servs., Inc. v. Republic of Korea's Def. Acquisition Program Admin.Court of Appeals for the Fourth Circuit · 2018

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