Ct. of Appeals denied defendant’s motion seeking issuance of emergency injunction to enjoin plaintiff from proceeding on Brazilian lawsuit regarding plaintiff’s claim that defendant breached contract to make payments on airplane that was located in Brazil, even though defendant claimed that Brazilian lawsuit was “vexatious” because plaintiff had filed similar breach of contract action in Dist. Ct. Injunction was not appropriate where: (1) terms of contract allowed plaintiff to pursue litigation against defendant in Indiana, as well as in court where airplane was located; and (2) defendant had failed to provide sufficient details of Brazilian lawsuit to support his claim that it was identical to instant lawsuit and further failed to explain why he could not seek in Brazil similar stay of plaintiff's lawsuit.
Federal 7th Circuit Court
Civil Court
Injunction