The Shell files a case as an appellant in the US Federal Court against the R.W. Sturge Ltd who were the appellees. The case reference number was 95a0176p
Facts of the case
The case was heard in the District courts of Ohio. The plaintiff had sued the defendants for breaching the binding investment contract they had signed. They were seeking for compensations for the damages suffered. However, the district court found the case void and dismissed it. The bench claimed that rule 1(B)(3) of the US Federal Law of civil procedure gave the English court to over the investment issues. Hence, the Ohio security laws on public policy do not outweigh the English courts. The case was hence dismissed.
Issues
If the court found out that the contract was void, why didn't it rule that the forum selection was also void? That there were not to be direct deals, under the OHIO REV CODE 1707.43 the plaintiff felt that the district court had erred
Decisions
The district court under the Kennedy and Sunrheinrich judges ruled that the court of England have a jurisdiction to settle such disputes and that the Ohio policies do not outweigh the international integrity contracts. The case was then dismissed.
Reasoning
The bench gave such a ruling because it was argued that:
1. There were no insurance agents engaged
2. The firm was not legally and properly registered
3. Ohio policies don't override the international integrity policies
4. The court of England has jurisdiction to preside over such issues
The bench voted in Toto and concurred that the case was null and void. Hence, it was to be dismissed without any ant agony.
Analysis
I think the court acted well. I support that this ruling was wisely made. It actually built the reputation of this court in the history of US. It clearly showed the independence and transparency of the US judiciary. It was actually a landmark ruling that made everyone have confidence in the Ohio District Courts.
Reference
Peck, G. (1984) Writing Persuasive Briefs. Boston: Little Brown. (
Ref. Law KF 251P4 1984)
Yelin, A. and H.R. Samborn (1996) The Legal Research and Writing Habd Book: A Basic for Paralegals. Boston: Aspen Publishers, Inc.(Inc. Law KF 240 145 1996).
