Cross-Border Discovery of Evidence From Non-Parties
It’s rare for me to read a decision on transnational litigation and conclude that the court paid too much attention to international comity. In a recent order resolving a discovery dispute, though, the Southern District of Florida engaged in what struck me as a completely unnecessary comity analysis. The order seemed to misread the Supreme…
Continue ReadingForeign States, Personal Jurisdiction, and the FSIA
A U.S. gas company has sued four Russian defendants in the Southern District of New York for seizing helium containers that the gas company had sent to Russia pursuant to a helium supply contract. One of the defendants, RusChemAlliance (RCA), moved to dismiss for lack of subject-matter jurisdiction. The case is unusual because the plaintiff…
Continue ReadingFinding the Right International Comity Doctrine
In Salisbury v. Costco Wholesale Corp., plaintiffs brought a class action in the U.S. District Court for the Western District of Washington alleging that Costco sold, as “100% agave,” tequilas that contain cheaper, non-agave alcohol. Plaintiffs based their allegations on a testing methodology known as SNIF-NMR, which identifies the plant origin of ethanol by measuring…
Continue ReadingSubstance and Procedure in Conflict of Laws
The field of conflict of laws is famously inscrutable. One of the most enigmatic doctrines in this area is the distinction between “substantive” issues and “procedural” issues. In this post, I first explain how U.S. courts distinguish between these issues for the purpose of resolving horizontal conflicts of law between sovereigns. I then explain how…
Continue ReadingThird Conflict of Laws Annual Workshop Agenda
Following up on an earlier post, the agenda for the Third Conflict of Laws Annual Workshop (CLAW3) is now available here. TLB’s own John Coyle and Maggie Gardner will be presenting papers. The workshop is hosted by the University of Pennsylvania Carey Law School on Friday, November 13, 2026, with a welcome dinner the night…
Continue ReadingThe Extraterritorial Authority of U.S. States
There is one sentence in Fuld v. PLO (2025) that has always bothered me: that “The Constitution confers upon the Federal Government—and it alone—both nationwide and extraterritorial authority.” This statement is demonstrably wrong, so much so that I was easily convinced by colleagues that it did not need direct refutation. And yet that sentence has…
Continue ReadingUpdated Primer on Foreign Sovereign Immunity
TLB’s primer on foreign sovereign immunity has been updated to reflect recent cases, global developments, and new statutes. The primer on foreign sovereign immunity is part of a popular series of TLB primers covering topics such as personal jurisdiction, choice of law, and service of process. They serve as good teaching tools for classes on…
Continue ReadingPersonal Jurisdiction in Tennis Antitrust Case
Many professional athletes compete at the international level, and some have accused the governing bodies of various sports of unlawfully restricting global competition for their services. When athletes bring antitrust claims in U.S. courts, however, it can be difficult to establish personal jurisdiction over foreign sports organizations. In a recent decision, Judge Margaret M. Garnett…
Continue ReadingA Primer on Foreign Sovereign Immunity
The immunity of states from the jurisdiction of foreign domestic courts is a long-standing and mostly uncontroversial principle of customary international law. The International Court of Justice has described foreign sovereign immunity as a procedural doctrine of international law, one that “derives from the principle of sovereign equality of the States.” As a practical matter,…
Continue ReadingThe Ferrari Is Still in the Warehouse
In July 2022, I authored a blog post about a Ferrari F50 that was sitting in a U.S. Customs and Border Patrol warehouse in upstate New York while a federal court tried to sort out who owned it. I recently discovered that this famed Italian supercar is still sitting in that same warehouse. In this…
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