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International Litigation and Counseling
Schirrmeister Diaz-Arrastia Brem LLP is uniquely qualified to handle international commercial litigation, especially for cases involving Mexico and Latin America. Born in Havana, Cuba, George Diaz-Arrastia is a native Spanish speaker, communicates with Latin American clients and witnesses in their native language and is able to review key documents in the original Spanish.
The firm has bilingual staff avialable to work with our clients Our clients are United States and foreign companies and individuals with matters pending in state and
federal courts, both as plaintiff and defendant. We also work with foreign lawyers in matters pending abroad. Our lawyers have extensive experience with issues of jurisdiction, forum non conveniens, choice of law and the application of foreign law.
Among the firm’s international engagements are: - Defending an international manufacturer of high-performance resins that was sued in a third-party action by two molders who had been retained by the client’s customer to mold parts for a tank-less water heater. The water heater was assembled in Mexico, and the molding took place in Mexico and in Texas. The client’s customer had sued the molders claiming that improper molding had caused water heaters to fail in the field, leading to damage to commercial reputation, lost sales and profits and business opportunities. The molders asserted third-party claims against our client, claiming that the failures were the result of the properties of the resin or incorrect instructions given by the client’s field technical representatives. The molders also asserted statutory causes of action for contribution and indemnity under Chapters 33 and 82 of the Texas Civil Practice and Remedies Code. The court entered summary judgment for our client on all these claims.
- Defending a Mexican corporation in a suit to enforce an arbitration award filed in Texas by a Cayman Islands company. The suit against the client was dismissed for lack of jurisdiction.
- Defending a Mexican corporation in a suit arising from a fire at a bonded warehouse in Laredo, Texas. The owner of the warehouse alleged that the fire originated in a parcel that was en route to the client in Mexico. The client was non-suited without paying any money after personal jurisdiction objections were briefed and argued to the court.
- Representing a Mexican subsidiary of an U.S.-based multinational company in prosecuting breach of contract claims arising from goods delivered in Mexico and the Caribbean.
- Representing a foreign subsidiary of an U.S.-based Fortune 500 company in prosecuting claims against a foreign company that had been placed in bankruptcy in Delaware by its U.S.-based parent. After negotiation, the client was paid 100% of its claim.
- Defending a Mexican airline in a lawsuit that arose after a plane crash along the Mexico-United States border. The San Antonio Court of Appeals reversed the trial court’s denial of our client’s challenge to the jurisdiction; the San Antonio Court of Appeals thereupon dismissed our client from this very serious personal injury case involving ten deaths.
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