United States Ninth Circuit

Denial of a preliminary injunction, sought by a California winery to enjoin a wine and liquor distributor headquartered in Ecuador from proceeding with foreign litigation regarding a distributorship agreement, is reversed where the district court abused its discretion in the denial, as defendant had involved plaintiff in messy, protracted, and potentially fraudulent foreign litigation in direct contravention of a valid and enforceable forum selection clause.

Appellate Information

• Argued 02/15/2006
• Decided 05/01/2006
• Published 05/01/2006

Judges

• WALLACE, Circuit Judge., Before J. CLIFFORD WALLACE, MICHAEL DALY HAWKINS, and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Tod L. Gamlen, Keith L. Wurster, Baker & McKenzie LLP, Palo Alto, CA, for appellant E & J Gallo Winery.


• For Appellees:
  
• Sean T. O'Rourke, Borton Petrini & Conron, Fresno, CA, for appellee Andina Licores, S.A.