but found the injunction as issued too broad, as it precluded plaintiff both from litigating under Singapore law, and from arguing the forum non conveniens issue under Texas's more lenient standards.
Similarly, an injunction is warranted here. This Court has clearly ruled, and has been affirmed by the Second Circuit in ruling, that "for each of the insurance policies involved in this dispute, the significant aspects of contract formation and performance occurred in New York. New York has the most significant contacts with the dispute, and we will apply New York law." Olin, 743 F. Supp. at 1049. Olin cannot be allowed to relitigate this central issue, where the facts upon which the choice of law decision rests are identical, merely by filing an action in Connecticut alleging claims under Connecticut state law.
Olin argues that the Connecticut action differs from the one before this Court, because the Connecticut action involves parties and sites over which this Court does not have jurisdiction. In this connection, Olin has moved in Connecticut to stay INA, Wausau, and Hanover from litigating with regard to the sites identified in the Connecticut action, and, as discussed in detail above, Olin has also moved to dismiss for lack of subject matter jurisdiction due to the addition of certain Connecticut defendants.
On December 9, 1991, this Court made two rulings which are critical to the disposition of this motion. First, we denied Olin's motion to dismiss INA's second counterclaim, which seeks adjudication of all of Olin's environmental claims. Secondly, we granted Wausau's and Hanover's motion to supplement their pleadings, allowing them to file additional claims seeking a comprehensive resolution of this dispute. In this opinion, we take this framework one step further, by finding that this Court has jurisdiction over the additional parties, joined here as additional counter-claim defendants, (who are all named by Olin in the Connecticut action), and in so doing, we reaffirm the decision that this is the single forum in which this controversy is to be litigated.
By obtaining from the Connecticut Superior Court an ex parte order to show cause why INA, Hanover, and Wausau should not be enjoined from litigating the additional environmental claims in this Court, Olin demonstrates that it is attempting to frustrate the December 9, 1991 orders of this Court. Olin's argument that the Connecticut action involves parties over which this Court lacks jurisdiction, and that it is therefore impossible for this Court to act as a forum for a comprehensive action, has been rejected today in this opinion. This Court is empowered under the All Writs Statute and the Anti-Injunction Act to protect and effectuate the judgments we have rendered by enjoining Olin from litigating its Connecticut action.
One set of defendants, (Falcon, Commercial Union, and C.E. Heath), in addition to joining the motion made by INA, raises the issue of the stipulation signed in 1984, arguing that the stipulation and order are akin to a consent decree which this Court must protect by staying the Connecticut action. Because we find that staying the Connecticut action is necessary to protect the rulings made by this Court, we do not need to reach the question of whether the order issued by the Court in the District of Columbia would justify an injunction. However, it should be noted that the text of the order does not incorporate the provisions of the stipulation; Judge Bryant merely stated that he had taken the stipulation into consideration in approving the transfer of the case to this Court. There is nothing in the actual order which is threatened by Olin's Connecticut action, and therefore it is questionable whether there is anything in that order for this Court to protect or effectuate.
Finally, the Court has waded through the lengthy letters written by the London Insurers and Olin concerning an action brought by Olin Hunt Specialty Products, Inc., ("Hunt"), a subsidiary of Olin, in New Jersey state court. In that action, entitled Olin Hunt Specialty Products, Inc. v. Wallbrook Insurance Company, Ltd., et al, Docket No. L-14376-91, Hunt sought a declaration of the rights and obligations of eighteen insurers regarding coverage on environmental claims regarding six pollution sites. The London Insurers moved to dismiss the New Jersey action, and Judge Hamlin granted the motion on the ground that Hunt's claims were intertwined with Olin's, and under the New Jersey "entire controversy" doctrine, all the claims should be litigated in the Southern District of New York.
Olin argues that the London Insurers have alerted this Court to the New Jersey decision in an attempt to improperly influence the Court by mischaracterizing Olin's behavior in filing its various actions. If that were the motive behind the letters it has not succeeded, because we are unpersuaded that the New Jersey action is relevant to the motions pending before this Court. There is no motion before the Court to join any new parties or to add any new claims regarding different sites as a result of the New Jersey action. Since the New Jersey action was dismissed, there is obviously no motion to stay the New Jersey action. If any of those potential motions were before the Court, we would have to explore the merits of the arguments set out in the correspondence with the Court, including the London Insurer's contention that comity would require this Court to give effect to Judge Hamlin's ruling that all claims must be brought only in this forum. However, these motions are not before the Court, and we decline the invitation to consider matters not properly presented.
For the reasons stated above, Olin's motions to dismiss pleadings dated February 25, 1992 and September 14, 1992, are denied in their entirety. Defendants' motions to enjoin Olin from proceeding with the litigation pending in Connecticut Superior Court are granted.
December 7, 1992
New York, New York
Leonard B. Sand