FEDERAL COURT CONFIRMS DIFFICULTY OF SUCCESS WITH FORUM NON CONVENIENS MOTIONS WHEN CONTRACTS CONTAIN FORUM SECTION CLAUSES

Posted on by Federica Romanelli
On June 13, 2018, the United States District Court for the District of South Carolina denied a request for venue change. The plaintiff had filed in the forum indicated in a forum selection clause. The court found the clause mandatory and enforceable. ARCpoint Franchise Grp., LLC v. Blue Eyed Bull Inv. Corp. In this case brought for breach of contract, Plaintiff was a SC limited liability company while Defendant was a Kansas corporation, authorized to do business in Missouri. Plaintiff initiated Read more [...]

Federal Court affirms District Court’s judgement denying general and specific jurisdiction over Japanese company and its U.S. subsidiary

Posted on by Federica Romanelli
On March 24, 2017, the Ninth Circuit Court of Appeals affirmed the District Court’s dismissal for lack of personal of plaintiffs-appellants’ claims against Yamaha Motor Corporation, U.S.A. (YMUS), in an action alleging violations of federal and state warranty law and other claims, brought by appellants who purchased allegedly defective outboard motors that Yamaha Motor Co. Ltd. (YMC, a Japanese company) designed and manufactured in Japan and that YMUS imported and marketed in California. The Read more [...]

Legge privacy canadese da applicarsi fuori da confine nazionale, secondo Corte Federale del Canada

Posted on by Federica Romanelli
Il 30 gennaio, 2017, il Tribunale Federale del Canada ha ritenuto Globe24h.com, un sito web basato in Romania, e il suo unico proprietario e gestore, in violazione della normativa canadese in tema di tutela delle informazioni personali e dei documenti elettronici (il Personal Information Protection and Electronic Documents Act, PIPEDA). Il sito web rumeno condannato indicizzava e ripubblicava sentenze canadesi, peraltro già rese pubbliche su banche dati legali canadesi. La differenza: le Read more [...]

US discovery in support of foreign litigation: the Eleventh Circuit holds electronic documents stored abroad may be obtained under 28 U.S.C. § 1782

Posted on by Federica Romanelli
On August 23, 2016, the Eleventh Circuit Court of Appeals issued an opinion allowing a Russian citizen to compel – according to US laws – an Atlanta corporation to produce documents concerning a foreign sister company. After dissolving their sixteen-year marriage in the Russian Federation the former spouses commenced a distinct proceeding in Moscow for division of marital assets (“Russian Dispute”). In the Russian Dispute, Ex-Wife claimed that Ex-Husband was concealing and dissipating Read more [...]

The “separate entity” rule only applies when NY branch of bank is garnishee; it does not apply and prevent enforcement of an arbitral award against bank as debtor

Posted on by Federica Romanelli
On February 22, 2016, the U.S. District Court for the Southern District of New York found that New York “Separate Entity” Rule bars enforcement of an international award against a bank’s local branch if this entity is a garnishee, not if the bank itself is a debtor. Crescendo Maritime Co. v. Bank of Communications Co. Ltd. Background. Petitioner Crescendo Maritime Co. (“Crescendo”) – a special purpose vehicle incorporated in the Republic of the Marshall Islands, where it maintains Read more [...]