· 3/27/1997
WMW MacHinery, Inc. v. Werkzeugmaschinenhandel GmbH IM Aufbau
Citations
- 960 F. Supp. 734
- 1997 U.S. Dist. LEXIS 3771
- 1997 WL 150119
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying forum non conveniens motion to dismiss where, inter alia, “the courts of either forum would be required to apply foreign law”
- stating that, under New York law, “[t]he intention to waive [contractual rights] must be clearly established and cannot be inferred from doubtful or equivocal acts or language” (citing E. 56th Plaza, Inc. v. Abrams, 458 N.Y.S.2d 953, 955 (App. Div. 3d Dep’t 1983))
- “The parties’ dualing of witnesses ... merely serves to balance the opposing positions of the parties. Wherever the trial takes place, the witnesses will be required to travel some considerable distance.”
- fiduciary obligations of co-adventurers cease when they agree to conduct business as a corporation
Source: CourtListener parenthetical corpus (CC0).
Judges: Parker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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