Greenpeace Anti-SLAPP Suit Blocked by International Antisuit Injunction
In 2019, Energy Transfer, the developer of the Dakota Access Pipeline, sued Greenpeace International, a Dutch foundation, in North Dakota state court. Last year, Greenpeace responded with an anti-SLAPP (Strategic Litigation Against Public Participation) lawsuit against Energy Transfer in Dutch court. In the latest twist in this lengthy dispute, the North Dakota Supreme Court issued…
Continue ReadingDifferential Targeting of the Forum in Jurisdictional Analysis
The doctrine of “effects” jurisdiction permits a court to exercise personal jurisdiction over a non-resident defendant when the defendant’s activity outside the forum causes harm within it. It is frequently used in e-commerce cases in which a defendant’s website is accessed by consumers nationwide (or indeed globally). One of the elements necessary to establish jurisdiction…
Continue ReadingSDNY Certifies Class in Major Crypto Case
The Southern District of New York recently certified a class action involving allegations of market manipulation in the cryptocurrency sector. Judge Katherine Polk Failla’s certification order addresses one of the key challenges in this type of litigation: the intersection between limits on the extraterritorial application of U.S. regulatory law and the requirements for class certification…
Continue ReadingHappy Birthday to TLB!
On March 28, 2022, Transnational Litigation Blog went live. Our very first post, titled Why Transnational Litigation?, listed the many reasons why we thought the world needed a blog devoted to the topic of transnational litigation. While it is unlikely that this post will ever achieve a status akin to the very first sketch on…
Continue ReadingPersonal Jurisdiction in Federal Antitrust Litigation Post-Fuld: In re Diisocyanates Litigation
Last year, in Fuld v. Palestine Liberation Organization, the Supreme Court held that the due process limits of personal jurisdiction under the Fifth Amendment differ from those under the Fourteenth. As Maggie Gardner has noted, the Court didn’t say much about what those limits might be—meaning that the lower federal courts will now take on…
Continue ReadingEnterprise-Wide Contracts as a Basis for Personal Jurisdiction Over Foreign Parent Companies
A couple of weeks ago, I wrote about a case in which certain enterprise-wide contracts executed by a (U.S.) corporate plaintiff figured in the analysis of legislative jurisdiction. Today, I want to focus on VMware LLC v. Siemens AG, a case in which certain enterprise-wide contracts executed by a (foreign) corporate defendant figure in the…
Continue ReadingNew Article on the Determination and Treatment of Foreign Law in U.S. Courts
Professor Chris Whytock, who is an Associate Reporter for the ALI’s Restatement (Third) of Conflict of Laws, has just posted an article on SSRN outlining the Restatement’s approach to determining the content and meaning of foreign law. As he notes, this is a perennial challenge in transnational as well as multistate litigation. Like choice-of-law rules,…
Continue ReadingNinth Circuit Validates a Theory of Extraterritorial Antitrust Regulation in Global Price-Fixing Case
It is not easy for the foreign victims of global price-fixing schemes to assert viable claims under U.S. antitrust law, even when the conspiracy in question also affects U.S. markets. In a recent case, though, the Ninth Circuit vacated an order of summary judgment against the foreign purchasers of price-fixed goods, concluding that they had…
Continue ReadingExtraterritoriality in Flux
Earlier this month, at the annual meeting of the Association of American Law Schools, TLB Editors Maggie Gardner, Bill Dodge, and Hannah Buxbaum participated in a panel organized by the Section on Conflicts of Law entitled “Extraterritoriality in Flux.” This post summarizes their remarks. Maggie Gardner: It’s Time to Look Beyond the Presumption Against Extraterritoriality…
Continue ReadingA Primer on Antisuit Injunctions
The antisuit injunction, which blocks a party from initiating or pursuing litigation in a foreign court, is a powerful tool in the judicial arsenal. Courts issue these injunctions, under appropriate circumstances, to prevent the development of parallel proceedings. They can also be used to prevent a party from taking action in a foreign forum intended…
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