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Tyco International Ltd. v. Kozlowski

756 F. Supp. 2d 553 (2010)

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Tyco International Ltd. v. Kozlowski

United States District Court for the Southern District of New York
756 F. Supp. 2d 553 (2010)

Facts

Bermuda corporation Tyco International Ltd. and subsidiary Tyco International (U.S.) (collectively Tyco) (plaintiffs) sued former chief executive officer Dennis Kozlowski (defendant) for fraud after he went to prison for conspiring to embezzle tens of millions of dollars from Tyco. Tyco brought a diversity action in federal court in New York, where Kozlowski committed most of his crimes. Kozlowski counterclaimed for over $100 million that he claimed Tyco owed him under deferred-compensation agreements. Tyco argued New York law applied as the law of the forum, while Kozlowski countered Bermuda law applied under the internal-affairs doctrine.

Rule of Law

Issue

Holding and Reasoning (Griesa, J.)

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