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Case of the Day: In re Venequip
The case of the day is In re Venequip (7th Cir. 2023). Venequip, a Venezuelan firm, had a contract with Caterpillar Sàrl, a Swiss subsidiary of Caterpiller, Inc. to sell and service Caterpillar equipment. Caterpillar Sàrl terminated the contract, and Venequip sued in Switzerland; a choice of forum clause in the contract required that all……
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Evidence Convention: Swiss Practice May Be Changing
The Swiss government has published a draft bill that, if enacted, would authorize Switzerland to modify its declarations under Article 15 to 17 of the Evidence Convention to give its permission generally for willing witnesses to be questioned in foreign proceedings by telephone or video conference. By way of background, Chapter 2 of the Convention……
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Case of the Day: Conformis v. Zimmer Biomet Holdings
The case of the day is Conformis, Inc. v. Zimmer Biomet Holdings, Inc. (D. Del. 2022). Conformis sued Medacta International SA, a Swiss company. The case is for patent infringement, though the opinion doesn’t tell us anything about the underlying dispute. Anyway, Medacta International moved to dismiss for insufficient service of process, arguing that while……
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Case of the Day: DRM Contract Administration v. Proton Technologies
The case of the day is DRM Contract Administration Ltd. v. Proton Technologies AG [2021] IEHC 554. DRM sued Proton Technologies, the Swiss company that runs the well-known Protonmail email service, for defamation after two emails were sent using Protonmail by a pseudonymous user, “ConcernedTaxPayer11,” asserting that DRM’s managing director “had engaged in fraudulent activities……
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Case of the Day: Gyger v. Clement
The case of the day is Gyger v. Clement (N.C. 2020). The mother and the father were unmarried and had had a romantic relationship in North Carolina. They had two children, both born in Switzerland. In 2007, the mother brought an action in a Swiss court to establish paternity, and for child support. The Swiss……