Francis Schertenleib v. Jerome S. Traum

How courts have described this case

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

• holding that live testimony is essential where the crux of the litigation is “the truth or falsity of defendant’s charges that plaintiff is a swindler”
• holding that Section 487 does not apply extraterritorially and that it regulates “the conduct of litigation before the New York courts” (emphasis added)
• affirming dismissal of certain claims on forum non conveniens grounds and others for failure to state a claim
• describing the inability to bring witnesses to the United States for “live cross-examination before a factfinder” as “[pjerhaps the most significant problem” justifying dismissal
• requiring as a condition of dismissal that the defendant waive “any statute of limitations defense that has arisen since the commencement of this action in the Southern District [of New York]”
• “intriguing question” need not be addressed because federal and New York law the same

Source: CourtListener parenthetical corpus (CC0).