DeYoung v. Beddome

707 F. Supp. 132 (1989)

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DeYoung v. Beddome

United States District Court for the Southern District of New York
707 F. Supp. 132 (1989)

Facts

DeYoung and other shareholders (plaintiffs) of Dome Petroleum Limited (Dome) (plaintiff) sued Amoco Canada Petroleum Company (Amoco) (defendant) and certain officers of Dome, including Beddome, related to a proposed agreement for the acquisition of Dome by Amoco. The plaintiffs alleged Amoco violated the disclosure laws under the Securities and Exchange Act. The plaintiffs first sued in Canada under Canadian laws similar to the United States disclosure laws. The plaintiffs then sued in the United States District Court for the Southern District of New York while the case was pending in Canada. The Canadian court then ruled against the plaintiffs. Amoco moved for summary judgment in the U.S. district court to dismiss under forum non conveniens and the doctrine of international comity. The plaintiffs contended that forum non conveniens and international comity should not be applied to dismiss the case, because Canadian law failed to protect rights granted by the Securities and Exchange Act and did not allow contingent-fee agreements.

Rule of Law

Issue

Holding and Reasoning (Mukasey, J.)

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