Circuit Watcher

06-3386, 06-3447 Nocula v. UGS Corp.
Before ROVNER and SYKES, Circuit Judges.¹
SYKES, Circuit Judge. Mitch Nocula is the sole shareholder of two corporations: Tooling Systems International Corp. (“TSI”), an Illinois company that takes orders for the manufacture of tools and dies, and P.Z. Alucon Sp. z o.o. (“Alucon”), a Polish corporation that is one of TSI’s primary subcontractors for the manufacture of the tools and dies. Nocula and TSI claim that UGS Corporation (“UGS”), a Texas-based Delaware corporation that sells computer-aided design software, and UGS Sp. z o.o. (“UGS Poland”),² a Polish sublicensee of UGS’s software, intentionally disrupted Alucon’s business by lodging a criminal complaint against it in Poland for theft of intellectual property. In connection with the ensuing prosecution, Polish police seized Alucon’s computers. Although the prosecution ended in a verdict for Alucon, the computers disappeared and Alucon’s engineering data was lost.
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Nocula and TSI claim UGS and UGS Poland maliciously instituted the Polish criminal prosecution and used it as leverage to force the transfer of a license to use UGS’s software from a third-party licensee, Electrode Machining Services (“Electrode”), to Alucon. These actions form the basis of various tort and contract claims asserted in this lawsuit filed. UGS and UGS Poland moved to dismiss, arguing the claims were barred by the act-of-state doctrine, which generally prohibits federal courts from entertaining claims that would question the validity of the acts of a foreign sovereign under that sovereign’s laws. The district court granted this motion. Nocula, proceeding pro se, filed a timely notice of appeal on his own behalf. After the 30-day appeal clock expired, counsel was retained and filed a “corrected” notice of appeal for Nocula and TSI.
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Jurisdictional defects prevent us from addressing most of the claims in this case. The first notice of appeal—signed and filed by “Mitch Nocula, Pro Se”—was ineffective to provide notice of TSI’s appeal; the second notice, naming both Nocula and TSI, was untimely. Accordingly, TSI’s appeal must be dismissed for lack of appellate jurisdiction. Nocula’s notice of appeal was timely, but most of the claims he asserts belong to his corporation, Alucon, which is not a party. To the extent Nocula is attempting as a shareholder to sue in tort or contract for injuries to Alucon, his claims are barred by the rule against shareholder standing.
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One claim arguably belonging to Nocula personally pertains to the “wrongful” loss of the computers and engineering data. We say arguably because the amended complaint sometimes describes this as the property of Alucon and at other times asserts the computers and data belonged to Nocula personally. Either way, the district court properly invoked the act-of-state doctrine because the adjudication of this claim would require American courts to question the legality of the seizure and loss of this property during the course of the Polish criminal prosecution. Another claim asserted by Nocula personally is for “harassment,” which is not cognizable under Illinois law. … Nocula v. UGS Corp.

1. This appeal was initially heard by Circuit Judges Rovner, Williams, and Sykes. While the case was under advisement, Judge Ann Claire Williams withdrew from participation and took no part in the opinion. [↩]
2. “Sp. z o.o.” (Spolka Z Ograniczona Odpowiedzialnoscia) designates a Polish limited company. [↩]