Essay about Case Summaries Legal Envi. of Business
The plaintiff (Southern Prestige Industries, Inc.) initiated an action against the defendant (Independence Plating Corp.) in a North Carolina state court for a breach of contract. The plaintiff alleged that defects in the defendant’s anodizing process caused the plaintiff’s machine parts to be rejected by Kidde Aerospace. The defendant being a New Jersey corporation and having its only office and all of its personnel situated in the state filed a motion to dismiss citing lack of personal jurisdiction. The trial court denied the motion and the defendant appealed arguing that there were insufficient contacts to satisfy the due process of law requirements …show more content…
Extended Case 2.3: The plaintiff, National Cash Register Company (NCR), brought a suit against the defendant, Korala Associates Ltd. (KAL), alleging an instance of copyright infringement. NCR developed a software solution to upgrade the security of its ATMs. At the same time, KAL claimed to have developed similar security software as a security upgrade for NCR’s ATMs in fulfillment of an agreement the two companies entered into in 1998 under which KAL agreed to develop security software for NCR’s use. NCR brought a suit claiming that KAL committed copyright infringement by copying APTRA XFS software from a proprietary ATM that had been loaned to them by NCR. At trial, KAL moved that the court compel NCR to arbitration under the terms of the 1998 Agreement and prevailed.
NCR appealed the order compelling arbitration, but the appellate court affirmed the decision of the trial court finding that NCR’s claims of copyright infringement fell within the scope of the arbitration clause contained in the 1998 Agreement. In delivering the opinion of the