DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
193769P.pdf 06/18/2021 Daredevil, Inc. v. ZTE Corporation
U.S. Court of Appeals Case No: 19-3769
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Smith, Author, with Kelly and Erickson, Circuit Judges]
Civil case - Civil Procedure. The Missouri district court properly
concluded Florida law applied to the issue of claim preclusion as the
arbitration award used as the basis for claim preclusion was granted in
Florida and confirmed by a federal district court, sitting in diversity,
in Florida; the Missouri district court correctly determined that under
Florida law plaintiff's claims for breach of contract, recission and
unjust enrichment against ZTE Corp. were precluded by the Florida
arbitration award; ZTE Corp. and ZTE USA are parent and subsidiary, and,
as such, are in privity for purposes of the identity-of-the-parties
requirement of Florida claims-preclusion law; further the claims in this
Missouri case are closely related to the arbitration claims and Florida's
identity-of-causes-of-action requirement for claims preclusion was also
met.