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Microgem Corp. v. Homecast Co.
United States District Court for the Southern District of New York
2012 WL 1608729 (2012)
American buyer Microgem Corp. (plaintiff) contracted with South Korean supplier Homecast Co. (defendant). The contract contained a choice-of-law clause selecting New York law, but did not specify whether the parties opted out of the Convention on Contracts for the International Sale of Goods (CISG). When Microgem sued Homecast, the parties disputed which law applied. The court addressed the issue on cross-motions for summary judgment before trial and entered a written opinion explaining its decision afterward.
Rule of Law
Holding and Reasoning (Sullivan, J.)
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