Justia International Trade Opinion SummariesArticles Posted in U.S. 2nd Circuit Court of Appeals
NML Capital, Ltd. v. Republic of Argentina
This case arose when plaintiffs acquired on the secondary market hundreds of millions of dollars of non-performing bonds issued by the Republic of Argentina. In due course, plaintiffs began to bring suit in the United States courts to collect the debt. In these eleven consolidated appeals, they moved to attach a New York bank account owned by ANPCT. The court held that the district court correctly held that the funds in the ANPCT account were subject to attachment pursuant to 28 U.S.C. 1610 because they were "used for a commercial activity in the United States." View "NML Capital, Ltd. v. Republic of Argentina" on Justia Law
Louis Vuitton Malletier S.A. v. LY USA, Inc., et al.
This case involved the importation and sale of counterfeit luxury goods bearing trademarks owned by Louis Vuitton (plaintiff) and others. Defendants appealed from the district court's judgment granting summary judgment to plaintiff on its claims of trademark counterfeiting and infringement, and awarding plaintiff statutory damages in the amount of $3 million, and more than $500,000 in attorney's fees and costs. The court concluded that the district court did not abuse its discretion in declining to stay the proceedings; that, as the district court concluded, an award of attorney's fees under 15 U.S.C. 1117(a) could accompany an award of statutory damages pursuant to 15 U.S.C. 1117(c); and that the district court did not abuse its discretion in awarding such fees or in setting their amount. Accordingly, the judgment was affirmed. View "Louis Vuitton Malletier S.A. v. LY USA, Inc., et al." on Justia Law
Chevron Corp. v. Donziger
Following about 30 years of oil extraction in the Ecuadorian Amazon, Ecuadorians brought a variety of claims against the company and obtained judgment in Ecuador. Chevron, a potential judgment-debtor, brought action under New York’s Uniform Foreign Country Money-Judgments Recognition Act, N.Y. C.P.L.R. 5301-5309, which allows judgment-creditors to enforce foreign judgments in New York courts, seeking a global anti-enforcement injunction against the Ecuadorians and their attorney to prohibit attempts to enforce the allegedly-fraudulent judgment entered by the Ecuadorian court. The district court granted the injunction. The Second Circuit reversed, vacating the injunction. The Recognition Act does not grant putative judgment-debtors a cause of action to challenge foreign judgments before enforcement of those judgments is sought. Judgment-debtors can challenge a foreign judgment’s validity under the Act only defensively, in response to an attempted enforcement.View "Chevron Corp. v. Donziger" on Justia Law
India Steamship Co. Ltd. v. Kobil Petroleum Ltd.
Plaintiff appealed from an order of the district court vacating the attachment, pursuant to Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions of the Federal Rules of Civil Procedure, of a check issued by the district court clerk made payable to defendant. At issue was whether the validity of a Rule B attachment of a treasury check issued from the Southern District's Court Registry Investment System (CRIS), representing the proceeds of electronic funds transfers whose attachment was vacated under Shipping Corp. of India Ltd. v. Jaldhi Overseas Pte Ltd. The court held that the jurisdictional defect that led to the vacatur under Jaldhi likewise precluded the attachment of the same funds in the CRIS. Accordingly, the judgment was affirmed. View "India Steamship Co. Ltd. v. Kobil Petroleum Ltd." on Justia Law
Chem One, Ltd. v. M/V Rickmers Genoa; Atlantic Coast Yacht Sales, Inc. v. ESM Group, Inc.; St. Paul Travelers v. M/V Rickmers Genoa
The interlocutory appeals subject to the motion before the court arose from conjoined multi-party actions stemming from a maritime disaster during which the M/V Rickmers Genoa vessel collided with the M/V Sun Cross vessel in the Yellow Sea. On their motion to dismiss appeals from two interlocutory orders for summary judgment entered in their favor in the district court, or in the alternative, for consolidation of the appeals in the captioned actions involving claims arising out of the maritime casualty, the ESM party defendants contended that the appeals were premature and not authorized by the maritime interlocutory appeal statute, 28 U.S.C. 1292(a)(3), and that consolidation of the appeals was warranted by reason of equity and economy. The court held that, given that the district court had determined conclusively all of the claims against the ESM parties, and that decision was unaffected by any remaining claims, the court could exercise appellate jurisdiction over the present appeals under section 1292(a)(3). Delaying appeal merely because a "final judgment" as to all of the claims against all of the parties had not been issued would defeat the interlocutory nature of section 1292(a)(3) and effectively render the statute a nullity in the modern era of litigation in which admiralty suits frequently involved multiple parties and claims. Therefore, the motion to dismiss was denied. The court granted, however, the motion brought by ESM insofar as they sought consolidation because the appeals arose from the same conjoined multi-party litigation in the district court, and consolidation would be both efficient and equitable for the disposition of the appeals. Moreover, consolidation was unopposed. View "Chem One, Ltd. v. M/V Rickmers Genoa; Atlantic Coast Yacht Sales, Inc. v. ESM Group, Inc.; St. Paul Travelers v. M/V Rickmers Genoa" on Justia Law
Global Seafood Inc. v. Bantry Bay Mussels Ltd.
Plaintiff appealed from the judgment of the district court dismissing its suit for improper venue on the basis of a forum selection clause mandating Ireland as the appropriate venue for the contract dispute between the parties. The court held that the forum selection clause at issue was permissive, not mandatory, because the clause contained no specific language of exclusion evidencing an intent by the parties to give the Irish Courts exclusive jurisdiction or make Ireland an obligatory venue for disputes arising out of the agreement. The court held that because permissive forum selection clauses contemplated that jurisdiction could be proper in more than one forum, the district court's dismissal for improper venue was improper. Therefore, the court vacated and remanded. View "Global Seafood Inc. v. Bantry Bay Mussels Ltd." on Justia Law