Larkins Vacura Kayser Obtains Default Judgment under Novel Theories of LawJuly 7, 2020
Larkins Vacura Kayser attorneys Julie Vacura and Kelsey Benedick, along with co-counsel Neil Klein and Maria del Rocio Ashby of McKasson & Klein, secured a default judgment of over $2 million in Oregon U.S. District Court on behalf of client Bunge S.A. Bunge, a global distributor of agricultural commodities, obtained a foreign arbitration award against Pacific Gulf Shipping (Singapore) Pte. Ltd. following its failure to pay Bunge for a chartered vessel. Bunge sought recognition, confirmation, and enforcement of the foreign arbitration award in the District of Oregon against Pacific Gulf as well as a related company that Bunge established acted as Pacific Gulf’s alter ego. The related company was the plaintiff in a separate lawsuit in the District of Oregon, and Bunge sought to execute its arbitration award against the related company’s rights in that lawsuit. In obtaining the default judgment, Bunge successfully advanced novel theories of law related to quasi in rem personal jurisdiction over defendants based on their intangible property rights in their District of Oregon lawsuit. Bunge was also able to obtain an award of its attorney fees on the grounds that defendants had acted in bad faith by refusing to abide by the foreign arbitration award and by failing to oppose confirmation of the award in the District of Oregon.