Question
Please read the 2 cases below and tell me the trial result about them. And tell me your opinion about the trial results. Case 4.2:
Please read the 2 cases below and tell me the trial result about them. And tell me your opinion about the trial results.
Case 4.2: Welco Electronics, Inc. v. Mora
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Link : https://scholar.google.co.kr/scholar_case?case=3808860893545853254&q=Welco+Electronics,+Inc.+v.+Mora&hl=en&as_sdt=2006&as_vis=1)
Nicholas Mora used Welco Electronics, Inc.'s credit card to obtain moneymore than $370,000from Welco through charges to Mora's company AQM. Welco filed a suit in a California state court against Mora, alleging conversion. The court issued a judgment in Welco's favor. Mora appealed.
A state intermediate appellate court affirmed. "Historically, the tort of conversion was limited to tangible property and did not apply to intangible property," but "modern courts *** have permitted conversion claims against intangible interests. *** The tort of conversion has been adapted to new property rights and modern means of commercial transactions." The court reasoned that when Mora misappropriated Welco's credit card and used it, he took part of Welco's credit balance with the credit card company and the result was an unauthorized transfer to Mora of Welco's property rights.
Case 19.1: Linde v. Arab Bank, PLC
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Link : https://scholar.google.co.kr/scholar_case?case=9789612186033440164&q=Linde+v.+Arab+Bank,+PLC&hl=en&as_sdt=2006&as_vis=1)
Under the Alien Tort Claims Act,victims and families of victims of terrorist attacks committed in Israel sought damages from Arab Bank, PLC, a large bank headquartered in Jordan, with branches in New York, throughout the Middle East, and around the world. According to the plaintiffs, Arab Bank provided financial services and support to the terrorists. From a federal district court order imposing sanctions, Arab Bank appealed.
The U.S. Court of Appeals for the Second Circuit affirmed. "Internationalcomity calls for more than an examination of only some of the interests of some foreign states. *** The interests of other sovereigns in enforcing bank secrecy laws are outweighed by the need to impede terrorism financing as embodied in the tort remedies provided by U.S. civil law and the stated commitments of the foreign nations."
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