Posts

Chinese Judgments and Due Process: Another New York Decision

In the United States, the recognition and enforcement of foreign judgments are generally governed by state law. Thirty-eight states and the District of Columbia have adopted either the 1962 Uniform Foreign Money Judgments Recognition Act or the updated 2005 Uniform Foreign Country Money Judgments Recognition Act. (In the remaining twelve states, common law governs.) Both…

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Successor Jurisdiction and Anti-Terrorism Litigation

Transnational litigation often presents tricky questions of personal jurisdiction. Ongoing litigation in New York arising out of rocket attacks by Hizbollah does so in spades. This post reviews the recent New York Court of Appeals decision in Lelchook v. Société Générale de Banque au Liban SAL, answering a certified question posed by the Second Circuit…

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Abitron on Remand

Last year, in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court held that the federal trademark statute—known as the Lanham Act—applies only to domestic conduct infringing U.S. trademarks. A group of Austrian and German companies collectively known as “Abitron” placed U.S.-protected trademarks owned by a U.S. company, Hetronic, on products made in Europe. Some of…

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Federal Circuit Reconsiders Extraterritorial Patent Damages

The Federal Circuit’s recent decision in Brumfield v. IBG LLC suggests that U.S. patent holders may be able to obtain damages for foreign activities that flow from domestic acts of infringement proscribed by 35 U.S.C. § 271(a). This is a new development: as the Federal Circuit explained, the Supreme Court’s extraterritoriality analysis in WesternGeco LLC…

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Bread and Butter

There is a tendency when blogging to focus on cases that that are (1) important, (2) novel, (3) strange, or (4) wrong. These are the sorts of cases that most people—and, candidly, the TLB editors—find to be most interesting. (My colleague Bill Dodge may be an exception.) Every now and then, however, it is useful…

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Additional Thoughts on Firexo

I have three thoughts to add to John Coyle’s insightful post on the U.S. Court of Appeals for the Sixth Circuit’s recent decision in Firexo, Inc. v. Firexo Group Limited: one on choice of law, one on jurisdiction, and one on forum selection. Choice of Law Even though the majority declines to apply the “closely…

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District Court Permits Clean Air Act Action Against Canadian Company

The presumption against extraterritoriality is the principal tool that U.S. courts use to determine the reach of federal statutes. Last year, in Abitron Austria GmbH v. Hetronic International, Inc. (2023), the U.S. Supreme modified the presumption by requiring conduct relevant to a provision’s focus to occur in the United States in order for the application…

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The Easy Way and the Hard Way

In the law, there are often two paths to a given destination. There is the easy way. And there is the hard way. In a recent New Jersey case involving a forum selection clause, the plaintiff was ultimately successful in defeating the defendant’s motion to dismiss. But man, oh man… did the plaintiff do it…

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Fifty Years in the Conflicts Vineyard: A Celebration of Symeon Symeonides

On May 8-9, Willamette University College of Law and the Conflict of Laws Section of the Association of American Law Schools will host a symposium in celebration of Professor and Dean Emeritus Symeon Symeonides in Salem, Oregon. The speakers will include Francisco Garcimartin Alférez, Lea Brilmayer, Katharina Boele-Woelki, Patrick Borchers, Hannah Buxbaum, Anthony Colangelo, John…

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Saying Yes to the World, But No to Personal Jurisdiction

The Northern District of California (Judge Susan Illston) recently dismissed for lack of personal jurisdiction a suit brought by California residents against the German airline Lufthansa for harms emanating from the plaintiffs’ experience boarding a flight in Saudi Arabia en route to San Francisco. As the court noted in Doe v. Deutsche Lufthansa Aktiengesellschaft, the…

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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

León Castellanos-Jankiewicz

Institute for International and European Law
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Paul B. Stephan

University of Virginia School of Law
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Robin Effron

Brooklyn Law School
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Maryam Jamshidi

University of Colorado Law School
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Fikri Soral

Galatasaray University
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Gregg Cashmark

Vanderbilt Law School
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Hannah Buxbaum

Indiana University Maurer School of Law
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Symeon Symeonides

Willamette University College of Law
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Aaron D. Simowitz

Willamette University College of Law
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John B. Bellinger

Arnold & Porter LLP
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R. Reeves Anderson

Arnold & Porter LLP
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Volodymyr Ponomarov

Arnold & Porter LLP
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