Applied Med. Dist. Corp. v. Surgical Co. BV, No. 09-55155
In an appeal from the district court's denial of an injunction barring defendant from pursuing an action against plaintiff in Belgium, the order is reversed where: 1) the district court applied the wrong legal standard by requiring that the claims in the domestic and foreign action be identical, instead of engaging in the required functional inquiry concerning dispositiveness; and 2) the district court relied on the clearly erroneous factual determination that defendant's Belgian claims, other than goodwill indemnities, were available apart from termination.
Argued and Submitted September 4, 2009
Filed November 3, 2009
Opinion by Judge Gould
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