Transnational litigation is litigation involving persons, events, or transactions with a connection to more than one country. In the United States, transnational litigation may occur in state or federal court. The term encompasses ordinary commercial disputes between parties in different nations, multi-jurisdictional patent wars, and claims based on international human rights law. Transnational litigation cases raise a host of unique issues relating to procedural rules, private contracts, federal statutes, state law, and international treaties.
International Law Weekend!
This year’s International Law Weekend, an event offered by the International Law Association, takes place October 23-25 in New York City. The program has several panels that may be of interest to TLB readers, including these two: Crisis, Courts, and Sovereigns: Rethinking Immunity and Enforcement in a Shifting Global Order Friday, October 24, 11:30AM-12:45PM in…
Continue ReadingScholarship Critical of “Schedule A” Cases
A growing chorus of scholarly concern about “Schedule A” cases appears to be catching the attention of some district courts. In a “Schedule A” case, a holder of U.S. intellectual property rights will sue a large collection of defendants, often online merchants based outside of the United States, which it will list in a “Schedule…
Continue ReadingFlorida Judge Sets Aside Historic Helms-Burton Verdict
More big news in the hot new topic in transnational litigation: the Helms-Burton Act. A Florida district court has set aside the historic $120 million jury verdict awarded to a Cuban-American plaintiff against hotel booking services. The judge held that the plaintiffs offered insufficient evidence that the defendants had “knowingly” “traffic[ked]” in confiscated property. Background…
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