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Decision of Note: Mexican TV Co. Can Proceed in Florida Fed Court
The U.S. Court of Appeals for the Eleventh Circuit decided that a Florida federal district court, rather than a Mexican court, should hear a suit by one Spanish-language broadcaster against another for tortious interference with a soap-opera actor's contract. (Mexican law doesn't recognize a tortious-interference claim.) Grupo Televisa S.A. v. Telemundo Communications Group Inc., 05-16659. Mexican-based Grupo Televisa filed suit in Florida federal court after Hialeah, FL-based Telemundo signed an agreement with actor Juan Mauricio Islas Ilescas ('Islas'), whom Grupo Televisa had under exclusive contract. Grupo Televisa's agreement with the actor stated that any disputes were to be decided under Mexican law.
The appeals court explained: 'While the facts do indicate that the defendants held one meeting with Islas' agent in Mexico, they held four such meetings with Islas and/or his representatives in Miami ' [including] the meeting where Islas and the defendants entered into an exclusivity agreement; thereby, breaching Islas' pre-existing exclusivity agreement with the plaintiffs ' Thus, the Florida contacts are both numerically and qualitatively more significant when it comes to determining the 'principal location of the defendant's conduct.” The appeals court added that
'the terms of the underlying [Grupo Televisa/Islas] contract and the parties' expectations should have little bearing on the law that governs third party interference in that contract.'
The U.S. Court of Appeals for the Eleventh Circuit decided that a Florida federal district court, rather than a Mexican court, should hear a suit by one Spanish-language broadcaster against another for tortious interference with a soap-opera actor's contract. (Mexican law doesn't recognize a tortious-interference claim.) Grupo Televisa S.A. v. Telemundo Communications Group Inc., 05-16659. Mexican-based Grupo Televisa filed suit in Florida federal court after Hialeah, FL-based Telemundo signed an agreement with actor Juan Mauricio Islas Ilescas ('Islas'), whom Grupo Televisa had under exclusive contract. Grupo Televisa's agreement with the actor stated that any disputes were to be decided under Mexican law.
The appeals court explained: 'While the facts do indicate that the defendants held one meeting with Islas' agent in Mexico, they held four such meetings with Islas and/or his representatives in Miami ' [including] the meeting where Islas and the defendants entered into an exclusivity agreement; thereby, breaching Islas' pre-existing exclusivity agreement with the plaintiffs ' Thus, the Florida contacts are both numerically and qualitatively more significant when it comes to determining the 'principal location of the defendant's conduct.” The appeals court added that
'the terms of the underlying [Grupo Televisa/Islas] contract and the parties' expectations should have little bearing on the law that governs third party interference in that contract.'
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