1st Source Bank v. Neto

In prosecution on breach of contract action involving contract to purchase airplane, Dist. Ct. did not err in denying defendant’s motion seeking antisuit injunctive relief to prevent plaintiff from proceeding in similar action against defendant in Brazil, where airplane was located. While defendant argued that Brazil litigation was vexatious and duplicative, venue clause in subject contract allowed plaintiff to bring duplicative actions in venue where airplane was located, as well as in instant Dist. Ct. Moreover, Brazil action was not unreasonable, since airplane that could be used to satisfy instant alleged debt was located there. Also, filing of subsequent lawsuit in Brazil was not vexatious, where, at time of filing of Brazil action, plaintiff had subjected defendant in instant action to only one discovery request, one deposition and one mediation.