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Supreme Court decides Yegiazaryan v. Smagin

The Supreme Court just released its opinion in Yegiazaryan v. Smagin.   For prior coverage on TLB by Bill Dodge see here, here, here, and here. The issue in the case was whether the plaintiff adequately plead a domestic injury under RICO.  The foreign plaintiff alleged that the defendants worked together illegally to frustrate his collection…

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Throwback Thursday: Hartford Fire Insurance Co. v. California

Thirty years ago next week, the Supreme Court addressed the extraterritorial reach of U.S. antitrust laws in Hartford Fire Insurance Co. v. California. The Court reiterated that the Sherman Act applies to anticompetitive conduct abroad that causes substantial intended effects in the United States, but it divided sharply over the role of “international comity.” Writing…

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Waiving Choice of Law

When I teach Conflict of Laws, I tell my students that they must always perform a choice-of-law analysis when there is a conflict between the laws of two jurisdictions. This is sound advice for doing well on the final exam. It is not, however, strictly true. In fact, litigants waive this issue all the time….

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“Tag Service” and Section 1782

[This post originally appeared at Letters Blogatory and is reprinted here with the author’s permission.] Bill Dodge has a really interesting post about a decision from the bench in an SDNY Section 1782 case, In re Fourworld Event Opportunities Fund. Decisions like this are from the darkest corner of the legal dark web. They are not published. They are not available…

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Happy Juneteenth!

Happy Juneteenth! We are celebrating and thinking about the history of this important day, as we hope you will.  Regular blogging resumes tomorrow.

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Throwback Thursday: Federal Rule 44.1

For this installment of Throwback Thursday, we are going back to the year 1966. In that year, the Supreme Court adopted important changes to the Federal Rules of Civil Procedure governing class actions, amendments that have garnered substantial commentary ever since. This post addresses a less-heralded change, the introduction of Federal Rule 44.1 governing foreign…

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U.S. Immunity of International Organizations Since Jam v. IFC: New Challenges and Opportunities

In 2019, the Supreme Court reset the U.S. law of immunities for international organizations with its landmark judgment in Jam v. International Finance Corporation. That case overturned the long-held understanding that the International Organizations Immunities Act (IOIA), 22 U.S.C. §§ 288 et seq., entitled international organizations designated under it to virtually absolute immunity from U.S….

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“Sticky Beliefs” about Transnational Litigation

Empirical legal scholarship has been on the rise. But empirical research on transnational litigation remains relatively uncommon. This limits our knowledge of transnational litigation and, by hindering assessment of claims about transnational litigation, it allows what I call “sticky beliefs” to take hold. Sticky beliefs are assertions made without empirical support, which are then uncritically…

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Microsoft’s Dispute Resolution Provisions Are a Mess

The Microsoft Corporation (“Microsoft”) and its foreign subsidiaries buy goods and services from companies all around the world. To streamline the contracting process, Microsoft has drafted a purchase order that contains standard terms and conditions. This purchase order – viewable here – is used by Microsoft and its subsidiaries in 109 different countries. This agreement…

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Their Beef Is with Burger King

The Justices have not yet given us good reasons to give up on International Shoe. Instead, their complaints are really about the doctrinal scaffolding that the Burger and Rehnquist Courts built on top of International Shoe in the 1980s.

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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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