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Nippon Emo-Trans Co., Ltd. v. Emo-Trans, Inc.

United States District Court for the Eastern District of New York

744 F.Supp 1215 (1990)

Facts

Nippon Emo-Trans Co., Ltd. (Nippon) (plaintiff) was a Japanese corporation operating in Japan. Emo-Trans, Inc. (defendant) was a New York corporation operating in New York. Nippon and Emo-Trans entered into a contract whereby each would receive and process shipments forwarded by the other. The parties continued this relationship for several years and engaged in a substantial amount of business together. After a dispute arose regarding the allocation of profits arising from this relationship, Nippon filed suit against Emo-Trans in Tokyo. Emo-Trans challenged the Japanese court’s jurisdiction. The Japanese court ruled that it had personal jurisdiction over Emo-Trans, finding that Emo-Trans’s obligation to pay Nippon was to be performed in Japan and that Emo-Trans had a Japanese affiliate. After a trial, the Japanese court entered a judgment in favor of Nippon. Emo-Trans appealed that judgment. While the appeal was pending, Nippon commenced an action in federal court in New York seeking an attachment order permitting it to attach Emo-Trans’s property located in New York in order to secure enforcement of the Japanese judgment.

Rule of Law

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Issue

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Holding and Reasoning (Dearie, J.)

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