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· 3/8/2004

Quaak v. Klynveld Peat Marwick Goerdeler Bedrijfsrevisoren

Citations

  • 361 F.3d 11
  • 2004 U.S. App. LEXIS 4352
  • 2004 WL 415282

How courts have described this case

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

  • concluding that a letter rogatory should not be issued because “Belgium is not a signatory to the Hague Convention”
  • holding that courts must consider “the totality of the circumstances” and determine whether there is sufficient evidence to overcome a “rebutta-ble presumption” against international anti-suit injunctions
  • noting that wooden and/or inflexible analysis should be avoided when determining whether to issue an antisuit injunction
  • noting that only if the “gatekeeping inquiry” is met “should the court proceed to consider all the facts and circumstances in order to decide whether an injunction is proper”
  • counseling district court that they “have no odligation to employ [the traditional four-part test]” when dealing with international antisuit injunctions
  • acknowledging a federal court’s authority to enjoin a party appearing before it from prosecuting a case in a foreign tribunal

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Lipez, Diclerico

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.