China Trade & Development Corp. v. M.V. Choong Yong
United States Court of Appeals for the Second Circuit
837 F.2d 33 (1987)
- Written by David Bloom, JD
Facts
China Trade & Development Corp. (China Trade) (plaintiff) wanted to import soybeans from the United States. China Trade hired Ssangyong Shipping Co., Ltd. (Ssangyong) (defendant), a Korean corporation, to transport soybeans on Ssangyong’s vessel. The soybeans allegedly became contaminated with seawater and worthless following a shipwreck. China Trade sued Ssangyong for damages in the United States District Court for the Southern District of New York. Nearly two years later, after extensive discovery and a few months before trial, Ssangyong filed suit against China Trade in a Korean court seeking a declaratory judgment that it was not liable for China Trade’s loss. The Korean court and Ssangyong never tried to prevent the New York case from proceeding. However, China Trade motioned the district court for an antisuit injunction directing Ssangyong not to proceed with the Korean action. The district court granted the motion. Ssangyong appealed.
Rule of Law
Issue
Holding and Reasoning (Pratt, J.)
Dissent (Bright, J.)
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