United States Fourth Circuit

Dismissal of breach of contract claims due to forum selection clause in parties' licensing agreement is affirmed as the safety agreement under which plaintiff sued was at least "incidental to" the licensing agreement, and thus governed by the forum-selection clause requiring plaintiff to bring suit in Japan.

Appellate Information

• Argued 10/24/2006
• Decided 12/22/2006
• Published 12/22/2006

Judges

• Before WILKINS, Chief Judge, GREGORY, Circuit Judge, and JAMES R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  James D. Dasso, Foley & Lardner, L.L.P., Chicago, Illinois, for Appellant.  Karen L. Hagberg, Morrison & Foerster, L.L.P., New York, New York, for Appellee.   ON BRIEF:  Derek L. Wright, Foley & Lardner, L.L.P., Chicago, Illinois;  Vineeta A. Bathia, Foley & Lardner, L.L.P., Washington, D.C., for Appellant.  Kyle W.K. Mooney, Morrison & Foerster, L.L.P., New York, New York, for Appellee.