Boracchia v. Biomet, Inc.

I agree with my colleagues (1) that the district court correctly applied California’s choice of law principles to determine that the contract’s Indiana choice of law provision was enforceable; (2) that all of Bo-raeehia’s claims accrued in 1995 when Biomet’s letter terminating the contract was received; and (3) that summary judgment as to Boracchia’s California state statutory claims was proper. I must respectfully dissent from one part of the disposition, however, because I believe that Boracchia waived any argument regarding the applicability of the UCC to his breach of contract claim.

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