Category Archives: Recognition and Enforcement

Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh

The case of the day is Iraq Middle Market Development Foundation v. Harmoosh (4th Cir. 2017). The Foundation lent $2 million to Al-Harmoosh for General Trade, Travel, and Tourism, an Iraqi company. The loan agreement had an agreement to arbitrate all “disputes, controversies and claims between the parties which may arise out of or in connection with the Agreement.” Mohammad Harmoosh, a managing partner of Al-Harmoosh, gave a promissory note to the Foundation to guarantee payment of the loan. When Harmoosh refused to pay, the Foundation sued for breach of contract in the District of Maryland. Harmoosh successfully moved to dismiss on the grounds that the dispute was arbitrable, but he did not move to compel arbitration.
Continue reading Case of the Day: Iraq Middle Market Development Foundation v. Harmoosh

Case of the Day: Nicholas v. Environmental Systems

The case of the day is Nicholas v. Environmental Systems (International) Ltd. (Tex. Ct. App. 2016). In a Canadian copyright infringement lawsuit brought by Frederick Nicholas against Environmental Systems, Brian G. Cook, Reif Winery Inc., Klaus Reif, and Re/Defining Water Inc., the court awarded costs and attorney’s fees to the defendants. Environmental Systems and the other defendants in the Canadian action then sought recognition and enforcement of the Canadian judgment in Texas.

Nicholas argued that the Canadian judgment was not properly authenticated. The Texas court held a trial and entered a judgment recognizing the Canadian judgment, and Nicholas appealed.
Continue reading Case of the Day: Nicholas v. Environmental Systems

Case of the Day: Silver Star Alpine Meadows v. Quinlan

The case of the day is Silver Star Alpine Meadows Development, Ltd. v. Quinlan (Cal. Ct. App. 2016). Lora and Stephen Quinlan had a contract to purchase lots in an undeveloped subdivision in a British Columbia ski resort. They refused to close, believing the seller, Silver Star, had changed the topography of the lots in a way that would disadvantage them. Silver Star sued in a British Columbia court. The court held that Silver Star had performed, that the Quinlans had breached their obligation, and that Silver Star had sought to mitigate its damages. Judgment was for more than $1.1 million (CDN), because in the relevant time period the value of the lots had declined precipitously. Silver Star sought recognition and enforcement of the judgment in California. The Quinlans counterclaimed for fraud and argued, in defense, that the contract had a liquidated damages provision that the British Columbia court should have applied. They claimed that the Canadian court’s mistake meant that it would be contrary to public policy to recognize the judgment.
Continue reading Case of the Day: Silver Star Alpine Meadows v. Quinlan