GREEN BAY (LN) — U.S. District Judge Byron Conway dismissed a Wisconsin distributor’s lawsuit against a Belgian medical technology company and its U.S. subsidiary on forum non conveniens grounds, ruling that the plaintiff can likely pursue its claims under the Wisconsin Fair Dealership Law in the agreed-upon Belgian court.
Kinetec USA Inc., a Wisconsin corporation and wholly owned subsidiary of Medfac Group, a Belgian company, sued MedEnvision BV and its U.S. subsidiary, MedEnvision USA LLC, after the Belgian company announced it would terminate their distribution agreement effective April 30, 2026.
Kinetec filed suit in the Eastern District of Wisconsin alleging violations of the Wisconsin Fair Dealership Law and common law, seeking a preliminary injunction to maintain the status quo while the termination notice period played out.
MedEnvision moved to dismiss, arguing that a provision in the parties’ Term Sheet designated the commercial court of Leuven, Belgium, as the exclusive jurisdiction for any disputes.
Judge Conway acknowledged that the WFDL reflects a "compelling interest of the public in fair business relations" and that Wisconsin law voids any contractual provision that attempts to vary or evade the statute’s protections.
However, Conway ruled that the partial invalidity of the agreement’s choice-of-law provision—which attempted to apply only Belgian law—did not invalidate the separate forum selection clause.
The judge rejected Kinetec’s argument that the WFDL’s grant of a private right of action to sue in "any court of competent jurisdiction" codified a dealer’s right to choose the forum.
Conway found that reading to be "untenable," noting that the statute merely recognizes that many courts, not just Wisconsin courts, may be appropriate forums for WFDL claims.
The central question became whether enforcing the Belgian forum clause would deprive Kinetec of its WFDL rights.
At oral argument, both sides conceded they could not speak with confidence regarding how a Belgian court would rule on a WFDL claim.
Conway noted that Belgian courts apply foreign law when it governs a claim, and that Belgium has its own version of dealership law, making the principles of dealer rights familiar to Belgian judges.
The judge distinguished this case from a prior Ninth Circuit decision where a WFDL claim was dismissed after transfer to Washington state, noting that the outcome in Belgium was not certain enough to override the forum clause.
"Certainty is not required," Conway wrote. "When the dealer can likely bring its WFDL claim forum, enforcing the parties’ agreement to litigate in a particular forum is consistent with Wisconsin’s strong public interest in protecting the rights of dealers."
Conway dismissed the action without prejudice and vacated the temporary restraining order he had issued days earlier to preserve the status quo. He also denied Kinetec’s motion for a preliminary injunction as moot.
Kinetec is now required to refile its claims in the commercial court in Leuven, Belgium.