Friday, July 8, 2016

Case of the Day: LG Elecs. Inc. v. Toshiba Samsung Storage Tech. Korea Corp., 2016 U.S. Dist. LEXIS 87684 (D. Del. June 9, 2016)


Defendant Toshiba Samsung Storage Tech (TSST) filed a motion to stay the litigation, because TSST is expected to file bankruptcy in Seoul, Korea, which may stay the overseas proceedings. 

The court denied the motion to stay, noting that the plaintiff LG did not receive adequate notice, and any impact of the Korean proceedings is too remote and speculative.


This is an interesting result, because U.S. courts are usually eager to take cases off their docket, especially when a foreign court would resolve the cases for them. A good precedent to have in a back pocket for a lawyer who is fighting the uphill battle of opposing a motion to stay.

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