Wednesday, July 20, 2016

Case of the Day: BAE Sys. Tech. Solution & Servs. v. Republic of Korea's Def. Acquisition Program Admin., 2016 U.S. Dist. LEXIS 94028 (D. Md. July 19, 2016)


Plaintiff BAE is a defense contractor that previously contracted to upgrade South Korea's F-16 fighter jet fleet. The contract fell through, and the Korean government sued BAE in the Korean courts. BAE counter-sued in federal district court in Maryland to enjoin the Korean government's lawsuit in Korea.

The court issued an anti-suit injunction against Korea; the court limited the duration of the injunction in consideration of the fact that the court was not clear about whether it had jurisdiction over the Korean government.


This is an incredible case. A ridiculous case, to be honest. Regardless of the fact that the court tried to be cautious and limited the date range of the injunction, the fact remains that a U.S. district court ordered a foreign sovereign to stop pursuing a lawsuit in a foreign forum regarding military equipment. One can hardly think of a greater insult to the sovereignty of one of the most valuable U.S. allies.

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