ASANTE TECHNOLOGIES, INC., Plaintiff, v. PMC-SIERRA, INC., Defendant., 164 F. Supp. 2d 1142

Summary

Defendant argued that the contract claims at issue necessarily implicated the Convention for the International Sale of Goods (CISG), as the contract was between parties having their places of business in two nations that had adopted the CISG. The court found that the CISG applied because defendant's place of business was in Canada. Further, the parties did not effectuate an "opt out" of application of the CISG. Defendants choice of applicable law adopted the law of British Columbia, and the CISG was the law of British Columbia. Further, even plaintiff's choice of law generally adopted the laws of the State of California. California was bound to the CISG by the Supremacy Clause of the United States Constitution. Finally, the well-pleaded complaint rule did not preclude removal. The complaint on its face did not refer to the CISG. However, the CISG preempted state laws addressing formation of a contract of sale and the rights and obligations of the seller and buyer arising from the ...