Simula management has allegedly instructed itself and its PR firm to not assist anyone seeking information about the Autoliv suit.
Uhhhh.....wrong move. Unsophisticated. Futile, and irritating, too.
A hearing will be held on August 28 at 9 a.m. in the Phoenix Federal courthouse, at 230 N. First Avenue, in the Courtroom of the Hon. Roslyn O. Silver, to hear Autoliv's Motion to Compel Arbitration and dismiss the Amended Complaint, or, in the Alternative, to Stay the Instant Action.
This hearing is open to the public, and I hope someone on this thread will attend. Call the Court to be sure the hearing has not been rescheduled, as they sometimes are. It is quite possible that this dispute will be forced to arbitration by Autoliv, applying "the Laws of Switzerland", and the "Rules of Conciliation and Arbitration of the International Chamber of Commerce", and if so, probably in Switzerland. After all, that IS what the Autoliv licensing agreements call for. (This is not unusual when contracting with foreign corporations, which have learned by experience to avoid the U.S. judicial system.)
In that event, of course, all of Simula's claims, which have been couched in U.S. law, will have to be reconstructed under Swiss law. The U.S. federal antitrust law, which is the basis of SMU's Complaint, will not be available. I doubt if Switzerland has a similar law, not having had a similar political history.
Anyway.....this suit needed to be filed just as , and where, and when (if not earlier) it was filed. SMU management did the right thing, even if late, in filing this suit. But, their lawyers undoubtedly advised them of this probability.
The really beautiful thing is.....the licensing agreements are attached as exhibits to Autoliv's Response, and freely available to you. Just go to the courthouse and have them copied. Like I did.
Have a good day. mcd |
