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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.
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