More Choice of Law in Terrorism Cases
The U.S. District Court for the District of Columbia (DDC) hears a lot of state-sponsored terrorism cases. The plaintiffs in these cases typically assert a cause of action under 28 U.S.C. § 1605A(c). This action is, however, only available to individuals who are either (1) a U.S. national, (2) a U.S. servicemember, (3) a U.S….
Continue ReadingNinth Circuit Gets Tangled Up in Minimum Contacts and Due Process
Do the Fifth Amendment’s due process protections require minimum contacts? And do those protections apply to foreign states sued under the Foreign Sovereign Immunities Act (FSIA)? Those are the fundamental questions on which Ninth Circuit judges offered differing approaches as they resolved a recent petition for rehearing en banc. Regular TLB readers may recall that…
Continue ReadingZooming Out of Forum Non Conveniens
A recently published note in the Columbia Law Review, written by Christabel Narh, draws a connection between the federal courts’ technological learning curve during the pandemic and the future of forum non conveniens. Zooming Our Way Out of the Forum Non Conveniens Doctrine argues that the federal courts’ trial-by-fire with videoconferencing and remote litigation during…
Continue ReadingFurther Thoughts About Missouri’s COVID Suit Against China
As previously discussed at TLB, the Eighth Circuit recently held that the Foreign Sovereign Immunities Act (FSIA) does not shield the People’s Republic of China from suit on one of the claims that Missouri has brought against it arising from the COVID-19 pandemic. Specifically, the court of appeals held that Missouri could move forward with…
Continue ReadingLatest Developments in Ecuadorian Toxic Tort Case
Since at least the early 1990s, Central and South American residents have been litigating in U.S. courts about their exposure to toxic pesticide called dibromochloropropane (“DBCP”). In the latest decision, Marquínez v. Dole Food Company, Judges Andrews in the District of Delaware held that a consolidated action on behalf of 65 Ecuadorian banana plant workers…
Continue ReadingTwo Conflicts Events in Oregon in May
Willamette University College of Law will be hosting two events, back to back, in May that may be of interest to TLB readers. Fifty Years in the Conflicts Vineyard On May 8-9, 2024, Willamette University College of Law and the Conflict of Laws Section of the Association of American Law Schools will hold a symposium…
Continue ReadingAfghan Central Bank Assets: Still Not Benefiting the People of Afghanistan
Following the withdrawal of U.S. troops from Afghanistan and the return of the Taliban to power, the United States government froze approximately $7 billion of Afghan central bank (Da Afghanistan Bank, “DAB”) assets located in the United States. As covered on TLB, half of those assets remain frozen in the U.S. while the other half…
Continue ReadingThe Extraterritorial Reach of Criminal Statutes
When federal statutes do not indicate how far they reach, courts apply a presumption against extraterritoriality to limit their geographic scope. Last year, in Abitron Austria GmbH v. Hetronic International, Inc. (2023), the Supreme Court revised the presumption by requiring conduct in the United States for a statute’s application to be considered domestic. Meanwhile, lower courts…
Continue ReadingA Primer on Transnational Parallel Proceedings
It is not uncommon for parties involved in cross-border disputes to file competing or overlapping lawsuits in different forums. When should a U.S. court stay its hand in favor of a lawsuit filed in another country? Conversely, when should a U.S. court take proactive measures to defend its jurisdiction from interference by proceedings in a…
Continue ReadingCall for Papers: International Law in Domestic Courts Workshop
The next International Law in Domestic Courts (ILDC) Workshop will be held at the University of Chicago on Friday, May 17. Professor Curt Bradley has graciously agreed to host the workshop this year. The ILDC is an interest group of the American Society of International Law. Its purpose is to promote dialogue among scholars and…
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