Happy New Year!

TLB will be on winter break until January 7, 2025. We wish you all the best in the new year!

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Recent Posts

All I Want for Christmas (from the Federal Courts)

Rounding out this week’s posts by John Coyle and Bill Dodge, here’s my wish list for the lower federal courts (plus a bonus plea to the Supreme Court). Stop Violating Rule 4(f) and the Hague Service Convention Rule 4(f) of the Federal Rules of Civil Procedure authorizes service of process on defendants “at a place…

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All I Want for Christmas (from the Supreme Court)

Following up on John Coyle’s post yesterday, I’ve prepared my own list of things I wish courts in the United States would do differently in transnational litigation. 1. Abandon the U.S.-Conduct Requirement for the Presumption Against Extraterritoriality The Supreme Court uses a presumption against extraterritoriality to determine the geographic scope of federal statutes. There have…

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All I Want for Christmas (Forum Selection Clause Edition)

As the holidays approach, TLB editors have prepared lists of things that they wish courts in the United States would do differently on the subject of transnational litigation. In this post, I revisit one of my favorite subjects—forum selection clauses—to identify some reforms that would make my Christmas exceptionally merry. 1. Stop Asserting Personal Jurisdiction…

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Arbitration Enforcement and Consent

This Term, the Supreme Court will hear a case that could have profound ramifications for international arbitration: CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd.  The petitioners are seeking to enforce an arbitration award they won against a state-owned company in India.  The district court enforced the award, relying on the New York Convention and the…

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Suing Over the Price of Gas

The Organization of Petroleum Exporting Countries (OPEC) was established in 1960 “to ensure the stabilization of prices by, among other means, the regulation of production.” On one level, OPEC is simply a cartel engaged in anticompetitive behavior. On another level, it is an organization of nation-states that plays a significant role in world politics. Since…

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Revising Forum Non Conveniens Through § 1404?

I have written more than anyone probably should about forum non conveniens (FNC), but much of it boils down to some commonsense updating of the Gulf Oil factors: acknowledge the effects of changing technology, particularly on travel; require defendants to be specific about their evidentiary burdens; don’t overweight choice-of-law difficulties or docket congestion; don’t second…

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Cassirer Plaintiffs Ask Supreme Court to GVR

On Friday, the plaintiffs in Cassirer v. Thyssen-Bornemisza Collection Foundation filed a cert petition asking the Supreme Court to grant, vacate, and remand (GVR) the Ninth Circuit’s decision in light of new California legislation mandating the application of California law to the merits of the case. It would be standard practice for the Court to…

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Supreme Court Grants Cert in Fuld v. PLO

Today, the U.S. Supreme Court granted certiorari in Fuld v. Palestinian Liberation Organization to decide whether the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) violates the due process clause of the Fifth Amendment. For prior TLB coverage of Fuld, see here, here, here, here, and here. The PSJVTA purports to establish personal…

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Hungary v. Simon Offers Supreme Court Stark Choice

(Editor’s Note: This article also appears in Just Security.) On Tuesday, the U.S. Supreme Court heard oral argument in Hungary v. Simon, a case brought by Holocaust survivors under the expropriation exception of the Foreign Sovereign Immunities Act (FSIA). In 1944, Hungary rounded up Jews and transported them by train to death camps, expropriating their property…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Robert Kry

MoloLamken LLP
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Luana Matoso

Max Planck Institute for Comparative and International Private Law
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Curtis A. Bradley

University of Chicago Law School
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Pamela K. Bookman

Fordham University School of Law
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Matthew Salavitch

Fordham Law School
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Hannah Buxbaum

Indiana University Maurer School of Law
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Paul B. Stephan

University of Virginia School of Law
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Noah Buyon

Duke University School of Law
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Naman Karl-Thomas Habtom

University of Cambridge
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