Posts

Ninth Circuit Applies New Supreme Court Interpretation of RICO’s Geographic Scope

On August 11, 2023, the Ninth Circuit became the first lower court to apply the new test for “domestic injury” under RICO that the Supreme Court announced in Yegiazaryan v. Smagin (2023). In Global Master International Group, Inc. v. Esmond Natural, Inc., the Ninth Circuit held that a Chinese company stated a valid civil RICO…

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Thoughts on the Respondent’s Brief in Great Lakes

In a prior post, I surveyed the facts, procedural history, and potential significance of Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, an upcoming Supreme Court case about the enforceability of choice-of-law clauses in maritime insurance contracts. In a subsequent post, I shared some thoughts about the brief filed by the petitioner, Great Lakes Insurance SE (GLI). In this…

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Using TLB to Teach Foreign Relations Law

This post discusses Foreign Relations Law as part of our series explaining how professors can use resources on TLB to teach various classes. Previous posts have discussed Transnational Litigation, Civil Procedure, International Business Transactions, and Conflict of Laws. Although TLB focuses on litigation, and Foreign Relations Law classes cover many topics that are rarely litigated, there is significant…

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Update on Cassirer

Last year, the Supreme Court decided Cassirer v. Thyssen-Bornemisza Collection Foundation, a case about choice of law under the Foreign Sovereign Immunities Act (FSIA). This post gives a quick update on what has happened since, and where things are going next. Cassirer is a lawsuit about the ownership of a Camille Pissarro painting, surrendered by…

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Suing Atlantis

The Atlantis Resort in the Bahamas (“Atlantis”) is, by most accounts, a nice place to visit. There are water slides and pools, beaches and private cabanas. There is a casino and a spa and a nightclub and a comedy club. Over the past two decades, tens of thousands of American tourists have traveled to Atlantis….

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Why Terrorism Exceptions to State Immunity Do Not Violate International Law

[Editor’s Note: This post also appears at Just Security.] On June 27, 2023, Iran sued Canada at the International Court of Justice (ICJ), arguing that the terrorism exceptions in Canada’s State Immunities Act (SIA) violate customary international law. As Professor Maryam Jamshidi noted at Just Security, it seems that the main target of Iran’s action…

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Inconvenience, Forum Selection Clauses, and Afghanistan

The U.S. Supreme Court has long held that a forum selection clause should not be enforced when “trial in the contractual forum will be so gravely difficult and inconvenient” that the plaintiff “will for all practical purposes be deprived of his day in court.” In announcing this rule, the Court recognized that a legal right…

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Using TLB to Teach Civil Procedure (2023 Update)

With the new school year come new decisions about how to incorporate yet another Supreme Court personal jurisdiction decision into the civil procedure curriculum. TLB can help! This post highlights materials on TLB that can provide updates on recent cases, concise overviews of doctrines, and conversation starters about procedural questions. Personal Jurisdiction The big news…

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Enforcing U.S. Securities Judgments Against Chinese Companies

Robin Hui Huang and Weixia Gu have an interesting paper up on SSRN about enforcing foreign securities judgments in China. In China’s Recognition and Enforcement of Foreign Securities Judgments Against Overseas-Listed Chinese Companies, they note that private securities litigation against Chinese companies in U.S. courts is increasing. But most Chinese companies listed in the United…

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Congress Amends the TVPRA to Correct Ninth Circuit’s Erroneous Ruling in Ratha

Last year, in Ratha v. Phatthana Seafood, the Ninth Circuit held that civil liability under the Trafficking Victims Protection Reauthorization Act (TVPRA) does not extend to those who attempt to benefit from forced labor. After the court denied en banc review, the Human Trafficking Legal Center and other human and workers’ rights organizations asked Congress…

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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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