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Re the Enforcement of a U.S. Judgment

Case IX ZR 149/91, reprinted in [1994] I. L. Pr. 602 (1992)

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Re the Enforcement of a U.S. Judgment

German Federal Supreme Court
Case IX ZR 149/91, reprinted in [1994] I. L. Pr. 602 (1992)

Facts

A dual American-German citizen (the dual citizen) (defendant) was convicted of sex-crime charges in California and sentenced to prison, although he avoided his prison sentence by moving from the United States to Germany. The victim of the dual citizen’s crimes (the victim) filed a civil case against him in California superior court. Before the dual citizen left for Germany, the victim served the dual citizen with a summons and complaint for the California state court action. The dual citizen failed to appear at the civil trial, and the court entered judgment against him. The judgment awarded the victim approximately $150,000 in damages for past and future medical costs, $200,000 in damages for pain and suffering, and $400,000 in punitive damages. The victim sought to enforce the judgment in Germany.

Rule of Law

Issue

Holding and Reasoning ()

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