Sometimes, getting a judgment is only half the battle. Collecting on that judgment can prove an entirely different challenge. This is especially true when the judgment is entered in a court in one state, but the person or company against whom the judgment was entered is in another state. Recently, in a case with very unique facts, The State ex rel. Ford v. Ruehlman, 2016 Ohio 3529, the Ohio Supreme Court clarified the exact procedures to be used in domesticating judgments from other states in Ohio. Importantly, this case clarified that, after securing a judgment, a judgment creditor need only comply with the statutory requirements, and that the courts cannot impose additional impediments to recovery on a judgment creditor.The saga began with a class action lawsuit in Kentucky. The action was settled for $200 million, with the clients receiving only $46 million. The clients were not informed that, in the settlement, the class of plaintiffs would be voluntarily decertified and their … [Read more...] about Adventures in Domesticating Credit Judgments
Uniform enforcement of foreign judgments act
With the growing power of data analytics, companies are making more effective use of data to increase the likelihood that consumers will consider their goods and services when making purchasing decisions. Sophisticated analytics are also applied by these same organizations to help ensure that consumers become repeat customers and that these customers develop a sense of brand loyalty. Increasingly, this data-rich marketplace is online and mobile. This new and constantly evolving way of doing business has resulted in a faster moving and more competitive marketplace with a more savvy purchasing public. This inevitably requires companies to continue to evaluate and reevaluate the strength and appeal of their brands in capturing the attention of discerning consumers that are encountering more messaging in this highly competitive environment.A number of recent Supreme Court and Federal Circuit decisions in the intellectual property area further highlight how organizations are needing to … [Read more...] about The Power and Importance of Your Brand: Practical Guidance for Implementing and Improving Your Brand Protection, Enforcement and Monetization Strategy on any Budget
I. Introduction“Illegal immigration” is a phrase that elicits strong opinions from many people.1 Debate on the topic includes the blatantly racist,2 sympathy for the plight of immigrants,3 and less emotionally based arguments that fall in between. It is estimated that there are over ten million undocumented aliens in the United States.4 Most people do not contest that something must be done about illegal immigration; the question becomes what.5 In an attempt to stem the tide of illegal immigration, some states have begun to enact their own immigration laws.6 Many state laws purport to regulate things like housing or employment, but in effect act as immigration regulations.7 Arizona passed laws of this sort, one of which targets employment of unauthorized aliens, thus targeting a primary incentive for immigration.8 This law was recently the subject of litigation in the United States Supreme Court.9This note attempts to show that the Supreme Court, in Chamber of Commerce v. … [Read more...] about Chamber of Commerce v. Whiting: A Law Student’s Freewheeling Inquiry
Forum non conveniens is one of several judicial abstention doctrines, applied from time to time by U.S. courts, that permit a court to dismiss (without prejudice) a plenary action in its discretion. In a forum non conveniens case, the court’s jurisdiction is not in question, but the relative legal “inconvenience” of having the matter heard in that court, as opposed to another court of competent jurisdiction, is deemed sufficient for the U.S. court to abstain from exercising its authority. A defendant seeking abstention on forum non conveniens grounds typically is required to establish that an adequate alternative forum is available, and that a balancing of interests strongly favors dismissal by the U.S. court in favor of that other forum. But can – or should – such a court-made doctrine properly be a defense in a non-plenary proceeding brought by an arbitration awardee seeking enforcement vis-à-vis assets in the United States? … [Read more...] about Enforcement of International Arbitral Awards in the U.S. – Could a Court Abstain Due To “Inconvenience”?
The U.S. Constitution enjoins each state to accord “full faith and credit” to “the public acts, records, and judicial proceedings of every other State”. U.S. Const. Art. IV, § 1. However, a judgment creditor can’t directly enforce a judgment obtained in another state in California. The other state’s judgment must first be turned into a California judgment. The statutory mechanism for effecting this is the Sister State and Foreign Money—Judgments Act, aka the SSFMJA, Code Civ. Proc. § 1710.10 et seq. It should be noted, however, that entry of a sister state judgment under the SSFMJA is not the only way to enforce that judgment in California – the judgment creditor could simply file a lawsuit here. Code Civ. Proc. § 1710.60.What if the judgment creditor is a foreign limited liability company that has not qualified to transact intrastate business in … [Read more...] about Does Failure To Qualify Deprive A Foreign LLC Of Standing Under The SSFMJA (Sister State and Foreign Money—Judgments Act)?
Welcome to the New World IntroductionSocial media is a revolution in the way in which corporations communicate with consumers. This White Paper will help you to maximize the huge potential benefits of this revolution and protect against the inherent legal risks surrounding this phenomenon. In this document, you will find practical, action-oriented guidelines as to the state of law in the following areas: Advertising & Marketing; Commercial Litigation; Data Privacy & Security; Employment Practices; Government Contracts & Investigations; Insurance Recovery; Litigation, Evidence & Privilege; Product Liability; Securities; and Trademarks. Everyone has heard of Facebook, YouTube, and MySpace. These are just the tip of the iceberg. There are hundreds of social media sites with tens of millions of participants. And it’s not just individuals. Multinational companies and their CEOs are increasingly active in the social media space via blogs, Facebook fan pages, and … [Read more...] about Network Interference: A Legal Guide to the Commercial Risks and Rewards of the Social Media Phenomenon
On April 27, 2010, the New Jersey Superior Court, Appellate Division, issued an opinion that addresses the interplay between the state’s version of the uniform statutes for enforcement of judgments of American states and those of foreign countries, and the “first-to-file” rule. In Kitchens International, Inc. v. Evans Cabinet Corp., Ltd.1—decided on what the court called “unusual circumstances”—the court provides insight into strategic considerations for international parties engaged in jockeying for position in contract disputes. The case is noteworthy because its analysis appears to balance conflicting policy issues and may leave open the potential for a “race to the courthouse.”FactsThe plaintiff, Kitchens International, Inc. (“Kitchens”), is a Louisiana corporation that sells, distributes and supplies cabinets, and has a satellite office in Quebec, Canada. The defendant, Evans Cabinet Corp., Ltd. … [Read more...] about New Jersey Case with International Significance: Appellate Court Stays Enforcement of Foreign Country Money-Judgments Recognition Act
There is nothing to suggest that the judges are infallible on law or facts. In such circumstances, prescribing that a second appeal would not be maintainable on the question of fact and even on the question of law would not be in the interest of general public. But the Section-100 CPC seems to restrict the appellate avenue so far as second appeal is concerned. It provides opportunity of second appeal only on substantial question of law. This definitely is different from a question of law as the word “substantial” restricts the nature of questions of law. There may be two situations in which a litigant may prefer a second appeal. First, when both the courts subordinate to Hon’ble High Court give concurrent findings. In this situation, one may say that concurrent findings returned by two courts should be given some weightage and therefore the same should not be open for challenge in a second appeal. The justification given may be that two courts are simultaneously … [Read more...] about Discussion On Maintainability Of Second Appeal Beyond Substantial Question Of Law
OVERVIEW The practice of amicable settlement of disputes is as ancient as the Vedic civilization when disputes between members of a particular occupation or community/area were resolved by elders through a council of village known as panchayats.The panchayats dealt with a variety of disputes – contractual, matrimonial, even criminal in nature (The Law and Practice of Arbitration and Conciliation, OP Malhotra, second edition, 2006).The decision of the panchayats was respected and hence a settlement arrived at in pursuance of the mediation by a panchayat was considered binding.To quote Martin CJ, “Arbitration was indeed a striking feature of ordinary Indian life and it prevailed in all ranks of life to a much greater extent than was the case of England. To refer matters to a panch was one of the natural ways of deciding many disputes in India”(The Arbitration & Conciliation Act with Alternative Dispute Resolution, OP Tewari, 4th Edition (Reprint … [Read more...] about See You In Court” Or “See You Out Of Court”? A burdened Judicial System; Can ADR System Be An Answer? Part II
The Indian arbitration scenario had always been abysmal. If the way in which arbitration proceedings were conducted under the 1940 Arbitration Act had made lawyers laugh and legal philosophers weep in view of unending prolixity, at every stage providing a legal trap to the unwary, the attempt to correct it under the 1996 Arbitration Act also failed. Arbitrators were competing with Courts to make it slower and expensive! Clients felt they were being fleeced by arbitrators.In fact in the international arena, arbitration process was divided as “Indian Arbitration” and “Rest of the World Arbitration”. When we go for arbitration outside India, we were embarrassed to say that we practice arbitration in India! I am reminded of the 2009 International Bar Association (IBA) conference at New Delhi, when Mr. Rohinton Nariman, Senior Advocate (as he was then – now Judge of the Supreme Court of India) vociferously told the Chief Justice of India, Mr. Justice K.G. … [Read more...] about Amendment of Indian Arbitration Act: A Sigh of Relief for the Indian Arbitration Professionals and Clients!