Skip to main content
· 7/1/2005

Cunningham v. Ford

Citations

  • 20 A.D.3d 897
  • 798 N.Y.S.2d 281
  • 2005 N.Y. App. Div. LEXIS 7370

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that waiver requires “a clear 10 and unequivocal abandonment of the right to a federal forum”
  • holding that entity is organ, notwithstanding “the commercial nature” of its work, because of “Congress’ belief that an entity’s involvement in commercial affairs does not automatically render the entity non-governmental” (internal quotation marks omitted)
  • finding that “key” fact to entity’s organ status was that entity’s “purpose is to carry out Japanese national policy” (internal quotation marks omitted)
  • holding that entity is organ, notwithstanding “the commercial nature” of its work, because of “Congress’ belief that an entity’s involvement in commercial affairs does not automatically ren- der the entity non-governmental” (internal quotation marks omitted)
  • finding that “key” fact to entity’s organ status was that entity’s “purpose is to carry out Japanese national policy” (internal quotation marks omitted)
  • noting that an entity can be an organ of a foreign state even if it is involved in some commercial affairs

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.