Using TLB to Teach Civil Procedure (2023 Update)
With the new school year come new decisions about how to incorporate yet another Supreme Court personal jurisdiction decision into the civil procedure curriculum. TLB can help! This post highlights materials on TLB that can provide updates on recent cases, concise overviews of doctrines, and conversation starters about procedural questions. Personal Jurisdiction The big news…
Continue ReadingSupreme Court Roundup (October Term 2022)
During its 2022 Term, which ended four weeks ago, the Supreme Court decided five cases with important implications for transnational litigation. The questions included whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal proceedings; the standard for aiding and abetting under the Anti-Terrorism Act (ATA); whether states may exercise general personal jurisdiction over foreign…
Continue ReadingThrowback Thursday: Insurance Corp. of Ireland v. Compagnie des Bauxites
In the Supreme Court’s end-of-Term personal jurisdiction case, Mallory v. Norfolk Southern Railway (2023) (prior coverage here, here, and here), Justice Jackson wrote separately to explain why she found “particularly instructive” the Court’s prior decision in Insurance Corp. of Ireland v. Compagnie des Bauxites (1982). Bauxites, a case about jurisdictional discovery and discovery sanctions, is…
Continue ReadingSupreme Court Holds Lanham Act Does Not Apply Extraterritorially
In Abitron Austria v. Hectronic International, the Supreme Court held that the federal trademark statute does not apply extraterritoriality, with the majority emphasizing that conduct relevant to the statute’s focus must occur within the United States.
Continue ReadingMallory Decision Opens New Path for Personal Jurisdiction
The Supreme Court’s decision in Mallory re-opens the door to suing foreign companies in U.S. courts over disputes that arise in other countries. It may also have significant repercussions for personal jurisdiction doctrine more broadly.
Continue ReadingSupreme Court Decides Mallory v. Norfolk Southern
For prior TLB coverage of this case, see here. The Supreme Court (finally) issued a decision today in Mallory v. Norfolk Southern, holding that Pennsylvania’s corporate registration statute, which requires out-of-state businesses to consent to all-purpose jurisdiction in Pennsylvania courts, does not violate the Due Process Clause of the Fourteenth Amendment. Justice Alito joined Justice Gorsuch’s…
Continue ReadingSmagin‘s Surprises
Last week’s decision in Yegiazaryan v. Smagin was surprising in a number of respects, from the line-up of the Justices to the possible shift it signals in the presumption against extraterritoriality.
Continue ReadingTheir Beef Is with Burger King
The Justices have not yet given us good reasons to give up on International Shoe. Instead, their complaints are really about the doctrinal scaffolding that the Burger and Rehnquist Courts built on top of International Shoe in the 1980s.
Continue ReadingWaiting for Mallory
The Supreme Court’s recent dormant Commerce Clause decision may shed light on how the Justices are thinking about Mallory v. Norfolk Southern.
Continue ReadingFurther Developments in Smart Study
TLB has been following Smart Study v. Happy Party-001, a Chinese counterfeiting case in the Southern District of New York, since Judge Gregory Woods issued his thoughtful opinion last summer concluding that service by email on Chinese defendants is not permitted by the Hague Service Convention (a decision we covered in a prior blog post)….
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