Paramedics Electromedicina Comercial v. GE Medical Systems Information Technologies
United States Court of Appeals for the Second Circuit
369 F.3d 645 (2004)
- Written by Alexander Hager-DeMyer, JD
Facts
Paramedics Electromedicina Comercial, Ltda. (Paramedics) (plaintiff) was a Brazilian distributor for GE Medical Systems Information Technologies, Inc. (GE Medical) (defendant), and both parties had signed agreements with arbitration clauses. A dispute arose between Paramedics and GE Medical, and GE Medical initiated arbitration proceedings. Paramedics responded by filing suit in Brazilian court against GE Medical and a related company, General Electric do Brasil (GE Brasil). Both related companies were part of the General Electric group, and GE Medical held a majority of GE Brasil’s capital. Paramedics also petitioned a New York state court for a permanent stay of arbitration. GE Medical removed the New York suit to federal district court, moved to compel arbitration, and petitioned for an antisuit injunction to stop the Brazilian lawsuit from proceeding. The district court compelled arbitration and ordered Paramedics to take all steps necessary to get the Brazilian lawsuit dismissed. Paramedics requested the Brazilian court to put the case on suspension. Dissatisfied with Paramedics, the district court ordered the company to sign a petition to dismiss the suit and ordered the company president to appear before the court. Paramedics and the company president ignored the order, and the district court found both to be in civil contempt. Paramedics appealed to the Second Circuit. The appellate court ruled that the district court properly found Paramedics and its president in civil contempt and then addressed the injunction.
Rule of Law
Issue
Holding and Reasoning (Jacobs, J.)
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