Marubeni America Co. v. Kansai Iron Works Ltd.

Hanrei Times (No. 361) 127 (1977)

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Marubeni America Co. v. Kansai Iron Works Ltd.

Osaka District Court
Hanrei Times (No. 361) 127 (1977)

Facts

Marubeni America Co. (Marubeni) (plaintiff), a United States subsidiary of a Japanese trading company, and Kansai Iron Works Ltd. (Kansai) (defendant), a Japanese machinery-manufacturing company, were sued in a Washington state court for personal-injury damages. In the Washington personal-injury action, Marubeni asserted a crossclaim against Kansai for indemnification. After trial, on October 17, 1974, a final judgment was entered in favor of Marubeni on the crossclaim for indemnification against Kansai. During the pendency of the Washington personal injury action, Kansai filed suit in a Japanese court, seeking a declaration that Marubeni was not entitled to indemnification. The Japanese court ruled in favor of Kansai and found that Kansai was not liable to Marubeni for indemnification. Marubeni did not appeal the Japanese court’s decision, which became final on October 14, 1974 (i.e., before the judgment in favor of Marubeni in the Washington personal-injury action became final). Marubeni subsequently filed an enforcement action in the Japanese court to enforce the judgment entered in the Washington personal injury action on Marubeni’s crossclaim for indemnification.

Rule of Law

Issue

Holding and Reasoning (Michishita, J.)

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