Gita Sports Limited v. SG Sensortechnik Gesellschaft mit beschrankter Haftung & Company Kommanditgesellschaft
United States District Court for the Western District of North Carolina
560 F. Supp. 2d 432 (2008)
Gita Sports Ltd. (plaintiff) contracted with German company SG Sensortechnik (defendant) to be the exclusive seller of Sensortechnik's bicycle equipment, under a contract containing a forum-selection clause designating German courts; when Sensortechnik allegedly failed to perform, Gita sued in North Carolina federal court, and Sensortechnik moved to dismiss for improper venue based on the clause, with the parties disputing whether federal, North Carolina, or German law governed the clause's validity.
Whether federal law, as opposed to state or foreign law, governs the validity of a forum-selection clause when the issue is raised procedurally through a motion to dismiss.