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)
- Written by Steven Gladis, JD
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
Issue
Holding and Reasoning (Dearie, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,400 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.