· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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