Maggie Gardner

Third Circuit Clarifies Comity Abstention Test

The Third Circuit recently clarified the appropriate test for deferring to foreign bankruptcy proceedings. The court’s opinion in Vertiv, Inc. v. Wayne Burt PTE, Ltd. is clear, correct, and helpful in disambiguating the different contexts in which other federal courts have referred to “international comity abstention” and adjudicatory comity. The Facts In January 2020, Vertiv,…

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Zooming 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…

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A 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…

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Call 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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Oral Argument Recap: Reid v. Doe Run Resources Corp.

On Tuesday, the Eighth Circuit heard oral argument in Reid v. Doe Run Resources Corp., an ad hoc interlocutory appeal limited to the question of whether the district court should have abstained in that case based on foreign policy concerns. The facts of the case are described in a prior post. This post summarizes Tuesday’s…

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Happy New Year!

TLB will be on winter break until January 9, 2024. We wish you all the best in the new year!

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Top 10 Posts of 2023

Many of our most popular pages in 2023 were our topic pages and primers, as we highlighted yesterday. We are grateful that our library of resources is proving useful to you, our readers. Beyond that evergreen content, here is a count-down of our 10 most-read posts of 2023: 10. Second Circuit Rejects Consent-Based Jurisdiction over…

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TLB in 2023

We at TLB are grateful for both the breadth and the depth of engagement by you, our readers. Here is our year at TLB by the numbers:

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Cert Sought to Resolve Circuit Split on Anti-Suit Injunction Standard

The Supreme Court will consider a petition for cert to resolve a circuit split over when to issue antisuit injunctions.

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Evergreen Content at TLB

In addition to covering new developments in transnational litigation, TLB aims to provide evergreen content that can serve as resources for practitioners, students, and academics. Our topic pages include primers on recurrent issues in transnational litigation; collections of core primary legal sources and leading academic articles; and related TLB news coverage. We are excited to…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.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

Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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Timothy D. Lytton

Georgia State University College of Law
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Chukwuma Okoli

University of Birmingham
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Abubakri Yekini

University of Manchester
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Haley Anderson

University of California Berkeley
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