Afghani company files suit against Pa. business; Temple prof says nationality might affect jury

By Hanna Nakano | Oct 15, 2015

An Afghanistan-based medical supply company has filed a federal lawsuit against a Pennsylvania company in a case that could potentially be shrouded in the fog of war.

Target Global Logistics Services in Kabul filed suit against Pennsylvania-based KVG on Sept. 2, alleging breach of contract. On Oct. 7, KVG filed a motion to dismiss the suit. The filings were made in U.S. District Court for the Eastern District of Pennsylvania.

Temple University Law School professor David Hoffman, an expert in both contract and international law, told the Pennsylvania Record that while the claims in this case aren’t particularly compelling, the fact that the claimant is an Afghani company could raise eyebrows, even if the company is in the right.

“Under a couple legal rules, it shouldn’t matter that the plaintiff is alien,” Hoffman told the Record. “Of course, if the case ends up getting to a jury trial, it might matter in the jury’s perception of the party’s credibility or the jury’s perception of party’s conduct.”

Target is suing KVG for $850,000, claiming in the suit the company produced and sent products to KVG and never received payment. The amount for which the claim was made also is of note, according to Hoffman.

“It’s surprising to see a federal lawsuit filed for less than a million dollars, because if this case got to trial, attorney's fees could be hundreds of thousands of dollars,” Hoffman said. Hoffman went on to say there aren’t that many contract cases filed in federal court for less than a million dollars.

The suit states Target seeks a jury trial, general and consequential damages, pre- and post-judgment interest as well as loss of specific professional opportunities and legal costs.

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