Thursday, April 8, 2010

With Tongue-in-Cheek, Judge Patel Skewers an Argument for the Application of the Law of India

Thomas Weisel Partners LLC v. BNP Paribas, 2010 U.S. Dist. LEXIS 32332, at *20 n.5 (N.D. Cal. Apr. 1, 2010):

“The court rejects [defendant’s] argument, relegated to its 105th footnote, that the court must apply Indian law to the breach of fiduciary duty claim because TWIPL was incorporated in India. It also may do well to keep in mind Gandhi’s admonition that “[y]ou cannot neglect the nearer duty for the sake of a remote.” 25 Mahatma Gandhi, The Collected Works of Mahatma Gandhi 160 (1967). [Plaintiff] was incorporated in California, meaning California law will apply to the breach of fiduciary duty claim.”

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