Mule Deer and Forum Selection Clauses
The El Chaparral Ranch in Sonora, Mexico, aspires to provide a world-class hunting experience “for anyone in pursuit of trophy mule deer, desert bighorn sheep, or the exclusive Coues deer.” In 2016, the Ranch contracted with Abraham Garcia Marmolejo, a U.S. citizen residing in Texas, to promote and sell hunts at the Ranch. Marmolejo would…
Continue ReadingThe New HEAR Act: Just in Time for the Cases That Inspired It?
When President Trump signed the Holocaust Expropriated Art Recovery Act of 2025 on April 13, 2026, most commentary – including my own – generally discussed the Act as a forward-looking change that would help future claimants. Although I mentioned that the Act would apply to “current” plaintiffs, I did not explain which cases that might…
Continue ReadingRecognizing Foreign Judgments: Of Personal Jurisdiction, Collateral Estoppel, and Judicial Discretion
In the United States, the recognition and enforcement of foreign judgments is generally governed by state law. State law is largely uniform throughout the United States because most states have adopted one of two Uniform Acts. The acts raise fascinating questions of interpretation, and Judge Margaret M. Garnett (Southern District of New York) faced several…
Continue ReadingD.C. Circuit Holds Fuld Does Not Apply to District of Columbia
In July, the D.C. Circuit (Judge Justin Walker) held that the local courts of the District of Columbia are still constrained by the minimum contacts test for personal jurisdiction derived from International Shoe Co. v. Washington (1945) and not by the “more flexible” test permitted by the Fifth Amendment after Fuld v. Palestine Liberation Organization…
Continue ReadingUsing TLB to Teach Transnational Litigation (2026 update)
One of TLB’s goals is to compile a set of educational resources for students and teachers. For the past couple of weeks we’ve been publishing updated guides on using TLB to teach different classes (all of which are available at our Teaching Resources page). This post focuses on, well, everything! It describes how teachers of…
Continue ReadingGerman Court Decides U.S. Copyright Claims
The training of artificial intelligence (“AI”) models on copyrighted works, such as books, articles, and songs, has produced disputes about the legality of the use of the works for such a purpose if the training occurs without permission or a license from the copyright owners. Copyright owners and their representatives have now sued AI companies…
Continue ReadingThird Conflict of Laws Annual Workshop
The Third Conflict of Laws Annual Workshop (CLAW3) will be hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026, with a welcome dinner the night before. The CLAW aims to provide a forum to discuss new work in conflict of laws. The CLAW welcomes work on all aspects of conflict…
Continue ReadingD.C. Circuit Holds Jurisdictional Discovery in FSIA Cases Not Immediately Appealable
Last Friday, August 14, 2026, the D.C. Circuit held in Rodriguez v. Pan American Health Organization that international organizations, and by extension foreign states, cannot immediately appeal district court orders for jurisdictional discovery aimed at determining if they are immune from suit. (Disclosure: I joined an amicus brief urging the court to take this position.)…
Continue ReadingD.C. Circuit on Personal Jurisdiction in Foreign-Cubed Cases
The D.C. Circuit (Judge Patricia Millet) recently grappled with the limits of federal personal jurisdiction in a suit between foreign parties regarding events that took place outside the United States. In Gligorov v. Nation of Brunei, the court affirmed the dismissal of RICO claims against three corporate defendants for lack of personal jurisdiction. The opinion…
Continue ReadingForum Connections in Arbitration Enforcement
The New York Convention requires signatory states to recognize and enforce foreign arbitral awards, subject only to narrow exceptions set forth in the treaty. The Convention’s fundamental purpose is to facilitate enforcement by making arbitral awards portable, allowing award holders to search the globe for assets (or information about assets) when a counterparty that promised…
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