United States Seventh Circuit
Kochert v. Adagen Med. Int'l, Inc., 05-4483
In a suit claiming fraudulent inducement into a contract for the purchase of a medical device, dismissal for improper venue is affirmed where plaintiff's election to affirm the contract and sue for damages did not necessarily make the alleged misrepresentation "part of" the contract, but the contract's forum selection clause was broad enough to apply to plaintiff's fraudulent inducement claim.
Appellate Information
- Decided 06/28/2007
- Published 06/28/2007
Judges
- SYKES, Circuit Judge., Before ROVNER, EVANS, and SYKES, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Miles J. Zaremski (argued), Zaremski Law Group, Northbrook, IL, for Plaintiff-Appellant.
- For Appellees:
- Duane R. Denton, Bingham McHale, Indianapolis, IN, Stephen R. Pennell (argued), Stuart & Branigin, Lafayette, IN, for Defendants-Appellees.