United States Seventh Circuit

In a dispute over an exclusivity agreement, a contempt order against defendant is vacated and remanded where: 1) the Foreign Sovereign Immunities Act did not remove the district court's subject matter jurisdiction over the contempt proceeding; 2) defendant is entitled to appeal the contempt order; 3) plaintiff's failure properly to serve defendant with the motion for contempt deprived defendant of notice of the proceeding and, consequently, its right to a full and fair hearing; 4) a writ of execution issued was defective, because it failed to identify specific properties in the U.S. against which the judgment could be executed; and 5) plaintiff failed to demonstrate that defendant was in contempt, and offered no competent proof supporting the sanction.

Appellate Information

• Argued 02/06/2007
• Decided 08/29/2007
• Published 08/29/2007

Judges

• WOOD, Circuit Judge., Before KANNE, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Cary S. Fleischer (argued), Chuhak & Tecson, Chicago, IL, for Plaintiff-Appellee., David A. Baron (argued), McDermott, Will & Emery, Washington, DC, for Defendant-Appellant.