The case of the day is Furstenberg Finance SAS v. Litai Assets LLC (11th Cir. 2017). Furstenberg brought an application under § 1782 for leave to serve a subpoena on Litai for use in prospective proceedings in Luxembourg against Dr. Jean-Michael Paul. The judge granted the application, and Furstenberg issued the subpoena. Litai then moved to quash. The court denied its motion, and Litai appealed.
Tagged: 1782, Luxembourg
The case of the day is Lombard-Knight v. Rainstorm Pictures, Inc. (Cal. Ct. App. 2015). Rainstorm was a California movie production company. It entered into two investment agreements with Fortnom & Co. SA, under which Fortnom was required to provide $300 million upon Rainstorm’s delivery to it of performance bonds. It turned out, according to the court, that “Fortnom was never formed and did not exist as a separate legal entity at the time the agreements were executed.” Oops! Both contracts were signed on Fortnom’s behalf by Anthony Lombard-Knight. Both agreements had arbitration clauses, and both contained the following provisions:
The case of the day is CTI Systems, SA v. Herr Industrial, Inc. (E.D. Pa. 2015). CTI, a Luxembourg company, contracted with Herr, a Pennsylvania corporation, for supplies and labor in connection with a “painting installation” in Kansas. The contract amount was $5.2 million, and the contract had Luxembourg choice of law and choice of forum clauses. According to the allegations in the complaint, Herr failed to complete the work required by the contract, and CTI overpaid Herr. In 2014, CTI sued Herr in the District Court of Luxembourg, seeking to recover the alleged overpayment. Herr was served with process but did not appear. The Luxembourg court entered a default judgment for nearly $400,000. CTI then sued in the Eastern District of Pennsylvania, seeking…
Tagged: Luxembourg, Recognition and Enforcement