Monday, November 02, 2009

Vivendi S.A. v. T-Mobile USA (9th Cir. - Nov. 2, 2009)

Here's another example of an opinion that really says virtually all that need be said in the first paragraph. Which reads:

This appeal concerns a French corporation’s allegations that a German corporation and a Polish billionaire colluded fraudulently in Europe to wrest control of a Polish wireless telephone company from the French corporation. The French corporation sought a remedy for these alleged wrongs in—of all places—the United States District Court for the Western District of Washington. [FN: The French corporation, Vivendi S.A., also has initiated litigation and arbitration proceedings in Poland, Austria, France, Germany, Switzerland, and the United Kingdom related to this same alleged fraud.] The district court dismissed the case on the ground of forum non conveniens. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm."

You could read the subsequent ten single-spaced pages if you'd like (as I did). But all you'd learn are additional details that demonstrate that, yep, the first paragraph is correct.

This one you could easily -- easily -- predict. Both in the district court and in the Ninth Circuit.

I hope that Orrick (which represented the plaintiff/appellant) got paid on an hourly, rather than contingent, basis. And fully expect that's the case as well.