Tag: Germany

  • Case of the Day: Peiker Acustic, Inc. v. Kennedy

    I don’t like the plaintiffs’ style in the Case of the Day, Peiker Acustic, Inc. v. Kennedy (D. Colo. 2011). Peiker, a German firm, sued Kennedy in the Circuit Court for Oakland County, Michigan, for defamation. Kennedy did not reside in Michigan, but Peiker had a place of business there. Kennedy removed the case to……

  • Case of the Day: Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman

    The case of the day rejoices in the name Johannes Baumgartner Wirtschafts-und-Vermögensberatung GmbH v. Salzman (E.D.N.Y. 2011). The plaintiffs sued Ambiente GmbH, a German firm, and Peter Schmidt, Muhsin Karakurt, and Mehmed Kocabas, all of whom resided in Germany. The claim was for violations of RICO, securities fraud, conversion–you name it. The case of the……

  • Case of the Day: SEC v. Tourre

    Our Case of the Day is SEC v. Tourre (S.D.N.Y. 2011). Fabrice Tourre was a key player in the Goldman Sachs CDO story. The allegation was that Goldman Sachs sold collateralized debt obligations to its clients and then bet that the CDOs would fall in price. For those interested in the underlying allegations, here is the seminal 2009 article from……

  • Case of the Day: Heraeus Kulzer, GmbH v. Biomet, Inc.

    Germany is one of the jurisdictions most implacably opposed to U.S.-style pretrial discovery in civil cases, or so it seems to me. Hence the irony of Heraeus Kulzer, GmbH v. Biomet, Inc., No. 09-2858 (7th Cir. Jan. 24, 2011), our case of the day, where a German firm suing an American firm in Germany for……