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0 pointss1artibartfast3y ago0 comments

I can't imagine what they would sue for in a US court. Most states are at will and refusal to comply with company policy and procedures is a one-way ticket out

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michaelmrose3y ago

Instead of re-litigating the employment issues couldn't they just sue to enforce the fact that they didn't pay their bill in the other suite? Also unless they have zero assets in the EU wouldn't other member states potentially be an option to seize said assets?

s1artibartfastOP3y ago

I don't think that the trial decision in a foreign court is binding in US courts. The US court will not enforce them because they are completely different jurisdictions

jedberg3y ago

I'm not 100% sure but I think one of our treaties with the Netherlands is that we enforce each other's laws/court judgements.

s1artibartfastOP3y ago

Looks like it comes down to a each state to determine how and if they will honor decisions for other Nations.

Here is some information I could find[1].

Obviously, there is a lot of variability here, and I don't there are blanket agreements to enforce judgements. It is hard to imagine the Netherlands forcing payment for an abortion damages judgement from a Texas court .

https://www.gibsondunn.com/wp-content/uploads/documents/publ...

peyton3y ago

Think the US famously never signs treaties like that. Our courts decide.

sverhagen3y ago

Most states are at will, but he wasn't employed in "most states", now was he?

s1artibartfastOP3y ago

Juppor is talking about suing in Florida courts. Florida is absolutely at will. He may be able to sue to collect a foreign court judgement instead, but it is notoriously difficult to collect judgments, even us Court judgments, if the other party stonewalls you

anigbrowl3y ago

That's not how choice of law works. If you are operating a business in jurisdiction A and open a branch in jurisdiction B, you have a nexus to jurisdiction B and can't say your branch exists under the legal umbrella of jurisdiction A. Of course, you can assert that your customer and employment contracts are under the law of jurisdiction A, but such assertions don't magically trump statutory law. Contractual provisions can often be dismissed as unenforceable.

s1artibartfastOP3y ago

He already sued and won in jurisdiction B. The money is in jurisdiction A. No banks and police in jurisdiction A will honor a legal document from jurisdiction B. This leaves you to the situation described above.

The best option is to take the decision from jurisdiction B into a new court proceeding and jurisdiction A and ask them to honor it with a local court order in A.

They may or they may not.

Even within the United States you might have a court order in one state or payment, and another state that refuses to enforce it within their jurisdiction.

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michaelmrose3y ago

s1artibartfastOP3y ago

I don't think that the trial decision in a foreign court is binding in US courts. The US court will not enforce them because they are completely different jurisdictions

jedberg3y ago

I'm not 100% sure but I think one of our treaties with the Netherlands is that we enforce each other's laws/court judgements.

s1artibartfastOP3y ago

Looks like it comes down to a each state to determine how and if they will honor decisions for other Nations.

Here is some information I could find[1].

https://www.gibsondunn.com/wp-content/uploads/documents/publ...

peyton3y ago

Think the US famously never signs treaties like that. Our courts decide.

sverhagen3y ago

Most states are at will, but he wasn't employed in "most states", now was he?

s1artibartfastOP3y ago

anigbrowl3y ago

s1artibartfastOP3y ago

The best option is to take the decision from jurisdiction B into a new court proceeding and jurisdiction A and ask them to honor it with a local court order in A.

They may or they may not.

Even within the United States you might have a court order in one state or payment, and another state that refuses to enforce it within their jurisdiction.

2 more replies

j / k navigate · click thread line to collapse