Legal Opinion · Concurrence

Bodum USA, Inc. v. La Cafetiere, Inc.

Court of Appeals for the Seventh Circuit

Decided September 2, 2010No. 09-1892Published

1ConcurrencePosner, Circuit Judge

I join the majority opinion, and write separately merely to express emphatic support for, and modestly to amplify, the court’s criticism of a common and authorized but unsound judicial practice. That is the practice of trying to establish the meaning of a law of a foreign country by testimony or affidavits of expert witnesses, usually lawyers or law professors, often from the country in question. For earlier criticism, see Sunstar, Inc. v. Alberto-Culver Co., 586 F.3d 487, 495-96 (7th Cir. 2009).

*632The contract in this case is in writing and unambiguously entitles the defendant to continue to…

2Cases cited19 opinions

  1. Nationwide Transport Finance v. Cass Information Systems, Inc.Court of Appeals for the Ninth Circuit · 2008
  2. Frank M. Rosetto, Individually and as Representatives of a Class of Similarly Situated Persons v. Pabst Brewing Company, Inc.Court of Appeals for the Seventh Circuit · 2000
  3. Beanstalk Group, Inc. v. Am General Corporation and General Motors CorporationCourt of Appeals for the Seventh Circuit · 2002
  4. Am International, Incorporated v. Graphic Management Associates, IncorporatedCourt of Appeals for the Seventh Circuit · 1995
  5. Robert M. Montgomery v. The Aetna Casualty & Surety CompanyCourt of Appeals for the Eleventh Circuit · 1990

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