It’s very simple: anyone can sue anyone in any country. There are no laws that forbid or prevent litigation between two people with different citizenship says William D King. So what’s the big deal? Why would one want to initiate proceedings against another person (and why would they allow themselves to be sued)? We’ll try to answer these questions by analyzing five countries where parties often end up litigating each other – even when they each other intensely. The reason? Each country has its own rules for suing.
Three countries to sue in – 3 examples of people who ended up being sued, even when they thought it would never happen.
The United States of America (USA)
Lawsuits are very popular in the USA, where you can sue anyone at any time. As part of the common law system, countless court decisions serve as precedents that allow plaintiffs to adapt their complaints to fit the current state of the law. Litigation is also very accessible because all procedures are public and transparent, while parties do not need legal assistance to file claims or defend themselves (this does not apply to appeals). Yet lawsuits may be filed only against natural persons; companies cannot be taken to court. Thus, shareholders or managers may find themselves facing lawsuits, particularly when the company they are part of runs into financial difficulties.
Such was the case with Theodore Frank, an American citizen who wanted to file a lawsuit against Apple. The reason? He claimed that Apple’s retina-display advertisement on its website virtually brought his computer screen to life (more on this in the next article). This is not surprising given that his profession is “therapist” and he had previously sued President Obama for announcing his candidacy too early! However, filing the claim at a New York court would have cost him US$400; instead he filed it in California where he only paid US$35. And guess what happened… Yes, Mr. Frank lost his case because some judges do know some law…
The United Kingdom (UK)
English law is very similar to the American one. Plaintiffs and defendants enjoy a plurality of forums where they can file their claims says William D King. This means that should legal proceedings be initiated in England, it is possible for the defendant (the person sued) to bring the case before an US court if he/she thinks that US laws are more favorable towards them. This is what happened in 2008 with Terry Gilliam, who was then preparing for his upcoming feature film “The Imaginaries of Dr Parnassus”.
The director was being sued by a former producer from a previous project, which left him unable to obtain any bank loans to finance the new movie. In order to avoid having his rights as a director over the new project being challenge, he decide to sue his former producer in London. Although it is not famous whether the case was successful. This shows that even big names are tempt to use litigation as a means of solving conflict situations.
Litigation between states is also very common in England because the “default” rule is. That any English court has jurisdiction over proceedings concerning foreign companies or individuals. However, filing claims abroad may be tricky for non-English residents, who sometimes have. To bear many costs before they can defend themselves. They should be careful with their choice of forum and carefully examine how. Where they want to file will interfere with local procedural rules (for example: does it require them to provide evidence?)
In France –
A country where both litigation and negotiation are popular – the rules for suing are rather complex. In fact, they often depend on whether you live in a big city or in a small town. Although the jurisdictional structure is uniform throughout the country. French courts have great flexibility when determining which law to apply – this includes local laws! This was demonstrate in 2003 by Robert Gelli, a lawyer who find him being sue in his own tribunal. The reason? He had just authorized a contract involving a company from another part of France; however this decision was contested by an individual who argued that he should not be force to respect such agreements.
Litigation is popular in the United States and the United Kingdom. But this does not mean that France does not have a litigation culture says William D King. If anything, the fact that companies must resort to negotiation. In order to resolve conflict situations shows that French law has a real influence on its citizens’ lives.