Legal Opinion

Composite Holdings, L.L.C. v. Westinghouse Electric Corp.

District Court, S.D. New York

Decided January 26, 1998No. 97 Civ. 8016 (LAK)PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM OPINION

KAPLAN, District Judge.

The question presented by this motion is whether the plaintiffs (collectively “Composite”) have alleged a legally sufficient basis for avoiding a forum selection clause contained in an agreement by which they purchased a business from defendants (collectively “Westinghouse”).

Facts

In December 1996, Composite purchased the Wittnauer watch business from Westinghouse for $27.35 million pursuant to an Asset and Stock Purchase Agreement (the “Agreement”). As is customary in such contracts, the Agreement contained various representations and warranties…

2Cases cited28 opinions

  1. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  2. Stewart Organization, Inc. v. Ricoh Corp.Supreme Court of the United States · 1988
  3. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  4. Scherk v. Alberto-Culver Co.Supreme Court of the United States · 1974
  5. Carnival Cruise Lines, Inc. v. ShuteSupreme Court of the United States · 1991

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3Cited by12 opinions

  1. TRADECOMET. COM LLC v. Google, Inc.Court of Appeals for the Second Circuit · 2011
  2. United States ex rel. Giannola Masonry Co. v. P.J. Dick Inc.District Court, E.D. Michigan · 2000
  3. GMAC Commercial Credit, LLC v. Dillard Department Stores, Inc.District Court, S.D. New York · 2001
  4. Sun Forest Corp. v. ShviliDistrict Court, S.D. New York · 2001
  5. MCNIC Oil & Gas Co. v. IBEX RESOURCES CO., LLCDistrict Court, E.D. Michigan · 1998

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