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Fourth Circuit Applies Recent Supreme Court Decision on RICO Injuries

In Percival Partners Ltd. v. Nduom, the Fourth Circuit (Judge Harris, joined by Judge Thacker and Judge Richardson) applied last Term’s decision in Yegiazaryan v. Smagin (2023) to conclude that the plaintiffs’ alleged RICO injury was impermissibly extraterritorial. In an analysis that embraced Yegiazaryan’s contextual approach to siting RICO injuries, the Fourth Circuit held that…

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Solicitor General Recommends Denial of Cert in FSIA Case

Is a foreign government’s purchase of military equipment a “commercial activity” for purposes of the Foreign Sovereign Immunities Act’s (FSIA) commercial activity exception? In a brief filed on May 14, 2024, at the Supreme Court’s invitation, the Solicitor General (SG) answered “it depends.” This answer is surprising. It is in considerable tension—if not outright conflict—with…

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Second Circuit Denies Rehearing En Banc in Fuld v. PLO

Last week, the Second Circuit denied rehearing en banc in Fuld v. Palestinian Liberation Organization, an important personal jurisdiction decision that TLB has previously covered here, here, and here. The denial prompted a dissent by Judge Steven Menashi, joined in whole or in part by three other judges, which in turn prompted a concurrence by…

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The Challenges of Suing Under JASTA

Foreign states may be sued in the United States only to the extent permitted by the Foreign Sovereign Immunities Act (FSIA). Over the years, Congress has amended the statute to create several exceptions to immunity for terrorism-related lawsuits, especially for those brought against states designated as “state sponsors of terrorism.”  But only a very small…

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Second Circuit Allows Securities Claims Against Crypto-Asset Exchange

In Morrison v. National Australia Bank (2010), the U.S. Supreme Court applied the presumption against extraterritoriality to § 10(b) of the Securities Exchange Act, holding that this provision applies only to transactions in the United States. Morrison’s transactional test has proven difficult to apply to unlisted securities that do not trade on an exchange. In…

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It Is Harder Than It Looks to Sue State Sponsors of Terrorism

Rotem and Yoav Golan were injured in a 2015 terrorist attack in Israel when an assailant deliberately drove his car into a crowd of people. The Golans and their family sued Iran and Syria for various torts and for aiding and abetting a terrorist attack. Judge Trevor N. McFadden of the U.S. District Court for…

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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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