Applied Med. Dist. Corp. v. Surgical Co. BV, No. 09-55155 - - U.S. Ninth Circuit
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Applied Med. Dist. Corp. v. Surgical Co. BV, No. 09-55155

In an appeal from the district court's denial of an injunction barring defendant from pursuing an action against plaintiff in Belgium, the order is reversed where: 1) the district court applied the wrong legal standard by requiring that the claims in the domestic and foreign action be identical, instead of engaging in the required functional inquiry concerning dispositiveness; and 2) the district court relied on the clearly erroneous factual determination that defendant's Belgian claims, other than goodwill indemnities, were available apart from termination.

Read Applied Med. Dist. Corp. v. Surgical Co. BV, No. 09-55155

Appellate Information

Argued and Submitted September 4, 2009

Filed November 3, 2009

Judges

Opinion by Judge Gould

Counsel

For Appellants:

Richard J. Grabowski, Brian M. Hoffstadt and Edward S. Chang, Jones Day, Irvine, CA

For Appellee:

Bruce H. Jackson and Jerry Salcido, Baker & McKenzie LLP, San Francisco, CA