Paul Hastings Secures Victory for Two Major Chinese State-Owned Enterprises
New York, New York (June 12, 2009) - Paul, Hastings, Janofsky & Walker LLP, a leading international law firm, announced today that it has secured a victory for two major Chinese state-owned enterprises, China National Native Produce & Animal By-Products Import & Export Co. ("Tuhsu") and its corporate parent, China National Cereals, Oils & Foodstuffs Import & Export Co. ("COFCO"), in long-running enforcement proceedings related to a nine-year old product liability judgment entered by a Pennsylvania state court in Lawrence County, Pennsylvania.
The case, in which the plaintiff claimed he was injured by defective fireworks, was filed in 1995, and the plaintiff ultimately obtained a multi-million dollar judgment against Tuhsu, which had not previously appeared in the case, by claiming that Tuhsu had manufactured the allegedly-defective shell. The plaintiff attempted to enforce this judgment against both Tuhsu and COFCO beginning in 2006. The Paul Hastings team quickly won dismissal of the enforcement writs filed against COFCO and later challenged the validity of the judgment itself on jurisdictional grounds.
Ultimately, the Paul Hastings team uncovered evidence - including Chinese customs records, decrees of the Chinese State Council and witness testimony - demonstrating that Tuhsu had not manufactured or sold the shell, leading the Pennsylvania court to vacate the judgment and dismiss the case against Tuhsu.
James Berger, of counsel in the New York office, led the Paul Hastings team along with Asa Danes, Sarah Hagans, Victoria Ashworth, Kevin Broughel, Charlene Sun and Rebecca Borowitz.
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