Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Germany

Peter Bert on Damages for Violations of Choice of Court Agreements in Germany

Posted on October 30, 2019

Friend of Letters Blogatory Peter Bert brings us a report of a very recent case from the Bundesgerichtshof on the question of damages for violations of a choice of court agreement. Peter has cross-posted this on his blog, Dispute Resolution in Germany. In a judgment last week, the Federal Supreme Court (Bundesgerichtshof) has found a US party liable for damages for bringing an action against its German contractual counterparty in the US in violation of an agreement on the jurisdiction of the German courts. With this judgment, the Federal Supreme Court decided an issue that so far had been controversially debated in the German legal literature. Until this decision, it was not clear whether the violation of a choice of court agreement does not…

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Kuwait Airways Case: An Update From Germany

Posted on May 6, 2019

I’ve written a bunch about the Kuwait Airways litigation. The airline had refused to carry Israeli nationals. In the US case, which was an administrative proceeding before the Department of Transportation, the airline refused to carry an Israeli from New York to London. The airline shamefully dropped the route rather than obey an administrative order requiring it to comply with US antidiscrimination laws. In the UK case, the airline settled a case brought by an Israeli refused passage from London to Bangkok. And most recently, a German appellate court rejected a claim by an Israeli refused passage from Frankfurt to Bangkok via Kuwait City.

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Case of the Day: AIS v. Thoratec

Posted on March 18, 2019

The case of the day is AIS GmbH Aachen Innovative Solutions v. Thoratec LLC (9th Cir. 2019). AIS and Abiomed Europe GmbH sought leave to take discovery under § 1782 in aid of a patent infringement case Abiomed had brought against Thoratec in Germany involving heart pumps. A magistrate judge granted the application and ordered Thoratec to produce three samples of its heart pump. Thoratec objected to the magistrate judge’s decision, but the date for compliance came before the district judge had made a decision on the objection, so Thoratec also petitioned for a writ of mandamus, and the Ninth Circuit issued a temporary stay. The district judge then overruled the objection, and Thratec appealed. In today’s decision, the court affirmed.

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