12 results for 'cat:"International Law" AND cat:"Contract"'.
J. Stinson grants the government's motion for summary judgment. Contracted for the design and construction of various Afghan Army/Air Force enhancements for the airport at Mazar-e-Sharif, Afghanistan, the Taliban's takeover required the contractor to evacuate the project site. The contractor alleges that the government failed “to make a timely decision... which would have enabled [it] to demobilize...” Though the contractor says the Taliban’s actions at the airfield should have been anticipated, it has not alleged that the damages it sustained were foreseeable based upon the government’s alleged breach.
Court: Armed Services Board Of Contract Appeals, Judge: Stinson , Filed On: April 22, 2024, Case #: 63414, Categories: international Law, Military, contract
J. Reidinger requests the Ministry of Justice’s assistance, under the Hague Convention, in acquiring testimony for an upcoming copyright infringement suit brought by a tech security company against a similar firm. The firm began using the company’s intellectual property outside of the parties’ contractual relationship, and the request is for oral testimony by a relevant party living in The Netherlands.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 19, 2024, Case #: 1:21cv67, NOS: Copyrights - Property Rights, Categories: Copyright, international Law, contract
J. Carreno-Coll grants American Airline's motion to dismiss. The Puerto Rican citizens purchased tickets to fly from Puerto Rico to Rome, Italy via a connection in Philadelphia, but were prevented from boarding the next flight for various reasons, including not having return tickets. The Montreal Convention preempts the federal and state law claims, and the Air Carriers Access Act does not provide for a private cause of action.
Court: USDC Puerto Rico, Judge: Carreno-Coll, Filed On: March 27, 2024, Case #: 3:23cv1306, NOS: Other Personal Injury - Torts - Personal Injury, Categories: international Law, Transportation, contract
Per curiam, the circuit finds the district court improperly denied the group of insurance companies’ motion to compel arbitration. After the property owner was denied full coverage by various insurers for property damage sustained in a hurricane, he filed suit alleging all the insurers engaged in the same breach of contract. Certain involved insurers are domestic and signatory to the Convention on the Recognition and Enforcement of Arbitral Awards, while others are not. Equitable estoppel can allow the non-signatory foreign companies to a contract with an arbitration clause to compel arbitration with signatories. The district court failed to apply the proper “interdependent and concerted misconduct” test. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: March 4, 2024, Case #: 23-30171, Categories: Insurance, international Law, contract
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J. Hunt denies a foreign company’s motion to stay in this declaratory judgment foreign proceeding lawsuit brought by an information system company. The court is requested to stay in this proceeding for the following reasons: “(1) resolution of the Indian contract case under the principle of ‘international comity,’ and (2) confirmation that [the company] has authority to engage in this litigation.” The foreign company failed to verify the authority of the applicable law to engage in this lawsuit.
Court: USDC Northern District of Illinois, Judge: Hunt, Filed On: October 26, 2023, Case #: 1:22cv61, NOS: Other Contract - Contract, Categories: international Law, Due Process, contract
J. Stein denies a motion for leave to serve Germany via alternative means filed by the individual who leaked the trove of offshore financial records known as the "Panama Papers." The individual seeks amounts due under a contract under which Germany gained access to the Papers to identify tax fraud. However, the court lacks authority under the Foreign Sovereign Immunities Act to authorize alternative service.
Court: USDC Southern District of New York, Judge: Stein, Filed On: October 13, 2023, Case #: 1:23cv6395, NOS: Other Contract - Contract, Categories: international Law, contract
J. Sykes finds that the lower court properly denied the Venezuelan distributor's request for discovery against the American heavy equipment giant, Caterpillar, in a breach of contract suit filed in Switzerland. The parties' agreed to resolve their disputes in Swiss courts, knowing that Swiss law has more circumscribed discovery procedures. The distributor cannot circumvent that decision now. Affirmed.
Court: 7th Circuit, Judge: Sykes, Filed On: October 10, 2023, Case #: 22-1463, Categories: international Law, Discovery, contract
J. Tostrud denies the embassy's armed forces office's motion to dismiss the hospital operator's suit against it alleging nonpayment of medical bills for the children of an armed forces member. The Foreign Sovereign Immunities Act does not preclude the hospital operator's claims since it has plausibly alleged that contracts with the office's agent constituted contracts with the office itself. A covenant in those agreements providing that the hospital operator would not "file arbitration or suit with regards to this bill" refers to the original amount due, not the discounted amount that the parties agreed to settle the bills for in those agreements. A failure to join the agent and the hospital operator's former billing intermediary is also not fatal to the operator's claims since neither is a required party.
Court: USDC Minnesota, Judge: Tostrud, Filed On: June 27, 2023, Case #: 0:21cv2666, NOS: Other Contract - Contract, Categories: international Law, contract
J. Preska partially denies Argentina's motion to dismiss claims in this breach of contract claims brought by an energy company. Argentina never claimed it was unjust for the court to decide issues of Argentine law without live testimony from legal experts until it received an adverse ruling. However, the court will allow Argentina to submit evidence that it did not acquire control of a rival energy company's shares until May 2012.
Court: USDC Southern District of New York, Judge: Preska, Filed On: May 24, 2023, Case #: 1:15cv2739, NOS: Other Contract - Contract, Categories: Energy, international Law, contract