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DOMPÉ FARMACEUTICI S.P.A. v. LUBRIS, LLC

656142/17. Appeal No. 14644-14644A. Case Nos. 2021-00491, 2021-00549.

199 A.D.3d 515 (2021)

156 N.Y.S.3d 209

2021 NY Slip Op 06440

Dompé Farmaceutici S.P.A., Appellant, v. Lubris, LLC, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 18, 2021.

Attorney(s) appearing for the Case

Herbert Smith Freehills New York LLP, New York ( Scott S. Balber of counsel), for appellant.

Dewey Pegno & Kramarsky LLP, New York ( Thomas E.L. Dewey of counsel) and Sidley Austin LLP, New York ( Eamon P. Joyce of counsel), for respondent.

Concur—Webber, J.P., Kern, González, Mendez, Shulman, JJ.

As of July 14, 2014, the parties entered into a Development and License Agreement (License Agreement) and a Commercial Supply Agreement. The baseline forum selection clause in both contracts provides that the courts of this state have exclusive jurisdiction over "all matters regarding the existence, interpretation, execution, validity, enforceability, performance and termination" of the applicable contract. However, section 14.5.1 of the License Agreement provides that a...

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