The case of the day is Lin v. United States (D.D.C. 2016). The plaintiffs were residents of Taiwan. Their claim was that in 1946, the government of the Republic of China—that is, the nationalist government that the United States, at the time, recognized as the government of China—issued decrees that had the effect of depriving people living in Taiwan of their Japanese nationality. They sued the Republic of China as well as the United States. The claim against the United States was that in 1946, the ROC government was the agent of the United States, making the United States vicariously liable. No one could accuse the plaintiff’s lawyer of lacking courage.
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Tag Archives: Taiwan
Case of the Day: ISPEC, Inc. v. Tex R.L. Industrial, Inc.
The case of the day is ISPEC, Inc. v. Tex R.L. Industrial, Inc. (D.N.J. 2014). ISPEC served process on Tex R.L. in Taiwan by Fedex, by email to its US counsel, and by a local process server, who served the summons on an unidentified employee of Tex R.L. in Taipei. On the basis of this service, ISPEC obtained a default judgment, and Tex R.L. moved to vacate.
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Case of the Day: Clientron Corp. v. Devon IT, Inc.
The case of the day, Clientron Corp. v. Devon IT, Inc. (E.D. Pa. 2014), seems flagrantly wrong. The facts were simple enough. Clientron was a Taiwan corporation. It had a contract with Devon, a Pennsylvania corporation, for the manufacture and delivery of computer components. The contract had an arbitration agreement. A dispute arose, and Clientron commenced an arbitration before the Chinese Arbitration Association in Taiwan. Although Devon argued that the dispute was not arbitrable, the tribunal determined that it had jurisdiction and entered an award for $6.5 million in favor of Clientron. Clientron obtained a judgment in Taiwan enforcing the arbitral award. There had been no decision in a revocation proceeding Devon had brought in Taiwan.
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