Should the Federal Government Seek to Attract Litigation to the United States?
U.S. courts have become significantly more hostile towards transnational litigation over the past two decades. Scholars such as Pam Bookman and Maggie Gardner have argued that a series of Supreme Court decisions—relating to the law of personal jurisdiction, forum non conveniens, international comity abstention, the presumption against extraterritoriality, and service of process, among others—have made…
Continue ReadingDistrict Court Dismisses Another Case Against MBS for Lack of Personal Jurisdiction
Two weeks ago, while King Salman was appointing Crown Prince Muhammad bin Salman (MBS) as Prime Minister of Saudi Arabia in an apparent bid to secure him head-of-state immunity in a suit brought by Jamal Khashoggi’s widow, the judge in a different case quietly dismissed another plaintiff’s claims against MBS for lack of personal jurisdiction….
Continue ReadingEnforcing Chinese Judgments: A Response
In July, Bill Dodge discussed the enforcement of Chinese judgments in U.S. courts, using the Shanghai Yongrun case as a recent example and arguing against systemic review of foreign legal systems. Along the way, he cited Judging China, a recent paper of mine. He accurately characterized me as less than enthusiastic about U.S. courts enforcing…
Continue ReadingThe Supreme Court Takes Up Sovereign Immunity from Criminal Prosecutions
On the first day of the October 2022 Term, the Supreme Court granted certiorari in Türkiye Halk Bankasi A.S. v. United States. The case, put simply, asks whether the U.S. government can bring criminal prosecutions against foreign companies owned by foreign sovereigns. The United States has charged Halkbank, in which Turkey’s sovereign wealth fund has…
Continue ReadingTerritoriality v. Extraterritoriality in Intellectual Property
A core principle in U.S. intellectual property (IP) law is that IP rights are territorially limited. A U.S. patent, copyright, trademark, or trade secret affords the holder exclusive rights solely within the United States. This principle also exists at the international level, as reflected in the Agreement on Trade Related Aspects of Intellectual Property (TRIPS)….
Continue Reading“Catching and Killing” Suits Against Boeing
A recent decision by the Northern District of Illinois (Judge Franklin Valderrama) exemplifies the phenomenon that TLB advisor Zach Clopton has termed catch and kill jurisdiction: when federal courts stretch to take cases from state courts only to dismiss them on procedural grounds that the state courts would not have applied. In Wragge v. Boeing,…
Continue ReadingA Deeply Flawed Personal Jurisdiction Decision in the SDNY
When dealing with forum selection clauses, one of the most important—if unappreciated—distinctions is between inbound and outbound clauses. An inbound clause selects the court where the suit was filed. An outbound clause selects a court that that is not the forum. Another important distinction is the one between exclusive clauses, which stipulate that suit must…
Continue ReadingDistrict Court Dismisses Mexico’s Suit Against U.S. Gunmakers
Last week, the federal district court for the District of Massachusetts (Chief Judge Dennis Saylor) dismissed a complaint brought by Mexico against seven U.S. gun manufacturers and one distributor. According to the complaint, the defendants design, market, and sell guns in ways they know will arm Mexican drug cartels. Mexico has strict gun laws, but an…
Continue ReadingSupreme Court Grants Review in Three Transnational Litigation Cases
Today, the Supreme Court granted review in three transnational litigation cases and denied review in three others. Emma White has discussed each of the cases in greater detail. In Turkiye Halk Bankasi A.S. v. United States, the Court will consider whether the Foreign Sovereign Immunities Act applies to criminal proceedings. Chimène Keitner has previously analyzed…
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