ESAB GROUP, INCORPORATED, Plaintiff-Appellant,
v.
ZURICH INSURANCE PLC, Defendant-Appellee, and
Arrowood Indemnity Company; Liberty Mutual Insurance Company; Trygg-Hansa Forsakrings AB; Zurich Insurance Company, Defendants.
ESAB Group, Incorporated, Plaintiff-Appellee,
v.
Zurich Insurance PLC, Defendant-Appellant, and
Arrowood Indemnity Company; Liberty Mutual Insurance Company; Trygg-Hansa Forsakrings AB; Zurich Insurance Company, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: May 17, 2012.
Decided: July 9, 2012.
Attorney(s) appearing for the Case
ARGUED: Mark William Mosier , Covington & Burling, LLP, Washington, D.C., for Appellant/Cross-Appellee. Richard Mancino , Willkie, Farr & Gallagher, LLP, New York, New York, for Appellee/Cross-Appellant. ON BRIEF: Andrew A. Ruffino , Covington & Burling LLP, New York, New York; Mark W. Buyck, Jr. , Willcox, Buyck & Williams, PA, Florence, South Carolina; William F. Greaney , Covington & Burling, LLP, Washington, D.C., for Appellant/Cross-Appellee. J. Boone Aiken, III , Aiken, Bridges, Elliott, Tyler & Saleeby, PA, LLP, Florence, South Carolina; Benjamin P. McCallen , Willkie, Farr & Gallagher, LLP, New York, New York; Joseph G. Davis , Willkie, Farr & Gallagher, LLP, Washington, D.C., for Appellee/Cross-Appellant.
Affirmed by published opinion. Judge FLOYD wrote the opinion, in which Judge WILKINSON and Judge DIAZ concurred. Judge WILKINSON wrote a separate concurring opinion.
United States Court of Appeals, Fourth Circuit.
OPINION
FLOYD, Circuit Judge:
The Supreme Court has long recognized the importance of preserving the United States' ability to "speak with one voice" in regulating foreign commerce. Michelin Tire Corp. v. Wages,423 U.S. 276, 285, 96 S.Ct. 535, 46 L.Ed.2d 495 (1976); see also Japan Line, Ltd. v. Cnty. of L.A.,441 U.S. 434, 448-49 & n. 14, 99 S.Ct. 1813, 60 L.Ed.2d 336 (1979...
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