In an appeal from the district court’s denial of an injunction barring defendant from pursuing an action against plaintiff in Belgium, the order is reversed where: 1) the district court applied the wrong legal standard by requiring that the claims in the domestic and foreign action be identical, instead of engaging in the required functional inquiry concerning dispositiveness; and 2) the district court relied on the clearly erroneous factual determination that defendant’s Belgian claims, other than goodwill indemnities, were available apart from termination.
Read Applied Med. Dist. Corp. v. Surgical Co. BV, No. 09-55155
Appellate Information
Argued and Submitted September 4, 2009
Filed November 3, 2009
Judges
Opinion by Judge Gould
Counsel
For Appellants:
Richard J. Grabowski, Brian M. Hoffstadt and Edward S. Chang, Jones Day, Irvine, CA
For Appellee:
Bruce H. Jackson and Jerry Salcido, Baker & McKenzie LLP, San Francisco, CA
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
