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| Authored by: Yossarian on Monday, October 29 2012 @ 05:50 PM EDT |
>Nothing, except that the parent company in this case is
>in the US. So it can be held in contempt if its
>subsidiary disobeys the US judge.
Companies can be held in contempt even if they are not based
in the US. E.g. Samsung is based in Korea but its operations
in the US are governed by the US courts. If a company with
operations in China will disobey a Chinese court, with
respect to its lawsuits in the US, why should not China be
allowed to act like a US federal judge and hold this
company in contempt?
Yes, the US will be able to complain to the WTO; but does
the US have a better argument than: "A US court should be
allowed to give orders with respect to court cases in other
countries, but no Chinese court should have such a right?"
(My point is that the US creates a international "case law"
that can be very damaging to US interests. Does anybody in
the US government has considered the implication of the
legal theory that the US government supports?)[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, October 30 2012 @ 03:56 AM EDT |
But at this mo' at least,
and TTBOMK, German companies are based in
reality and have
not succumbed to the lawsuit mania that has grabbed the
US-
based software industry.
That's not due to different company
behavior but due to different laws. In Germany, the loser of a case has to bear
all incurred costs of the winner including attorney bills, missed earnings,
transportation. So the incentive to settle a suit brought without much merit in
order to keep costs down is much smaller.
Many cases in the U.S. are not
brought with the intent to win, but rather to settle because that is the
cheapest option for the defendant, no matter how a full case may be decided
eventually. [ Reply to This | Parent | # ]
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