The U.S. Supreme Court’s January ruling in Daimler AG v. Bauman arose from claims of torture, kidnapping and murder in Argentina. But the decision holds promise for foreign defendants in all kinds of cases, as an appeals court illustrated Wednesday in a battle over funds held by alleged Chinese counterfeiters at Bank of China Ltd.
In a win for Gucci America Inc. and other luxury retailers, the U.S. Court of Appeals for the Second Circuit affirmed an injunction freezing funds that the counterfeiters deposited in Chinese bank accounts through Bank of China. But the panel vacated a follow-on order requiring BOC to abide by with the injunction and hand over bank records. The Second Circuit cited Daimler, which limited the jurisdiction of U.S. courts over foreign companies, ruling that more fact-finding is needed to determine whether the district court can order BOC to comply.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
