· 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).
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.