Maggie Gardner

Cert Petition Raises Personal Jurisdiction Question in Context of the TVPRA

The Trafficking Victims Protection Reauthorization Act (TVPRA) explicitly authorizes extraterritorial application to six predicate offenses (18 U.S.C. § 1596) and creates a private right of action (18 U.S.C. § 1595). Assuming without deciding that § 1595’s civil remedy extends extraterritorially to the same extent as those six predicate offenses, the Ninth Circuit in Ratha v….

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A Primer on International Comity

The Supreme Court in Hilton v. Guyot (1895) famously defined international comity as “the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation.” That definition is incomplete, however, as comity encompasses much more than the recognition of foreign acts. The Restatement (Fourth) of Foreign Relations Law…

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“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,…

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Supreme 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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The U.S. Supreme Court, October Term 2022

Today, the U.S. Supreme Court holds its first conference of the October 2022 Term. The term will officially open next week on the first Monday of October. To help readers keep track of petitions and cases raising interesting questions about transnational litigation, we are pleased to announce our new Supreme Court page. At today’s conference,…

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Personal Jurisdiction Gone Wrong: Barring U.S. Consumers from Suing Foreign Carmakers for Design Defects

The U.S. Supreme Court has twice emphasized (most recently in 2021) that the ability to sue a carmaker where the plaintiff lives and was injured is a quintessential exercise of personal jurisdiction. In Sellers v. Volkswagen AG, a Mississippi resident injured in Mississippi sued Volkswagen in Mississippi. The U.S. District Court for the Southern District…

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A Primer on Forum Non Conveniens

Under the doctrine of forum non conveniens, a judge may dismiss a case on the understanding that the case would be better heard in another sovereign’s court. It is a judge-made discretionary doctrine that can be invoked even if the court otherwise has proper jurisdiction over the case. This primer describes the current federal doctrine…

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Using TLB To Teach Transnational Litigation

One of our goals in creating TLB was to compile a set of educational resources for students and teachers. As we gear up for a new academic year, we will be running a series of posts highlighting TLB content that may be useful to professors of Civil Procedure, Foreign Relations Law, International Business Transactions (IBT),…

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Throwback Thursday: The Human Rights of Foreign Sailors

Litigation in U.S. courts involving gross misconduct committed outside the United States by non-U.S. actors did not begin with the revival of the Alien Tort Statute in the 1980s. In the earlier era of global trade that centered around maritime commerce, U.S. admiralty courts at times remedied—often with moral outrage—wrongs committed on the high seas….

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Supreme Court Round-Up, OT 2021

Transnational litigation has been a persistent, if small, part of the Supreme Court’s docket in the Roberts Court. With the Supreme Court now on its summer break, here is a summary of TLB’s coverage of October Term 2021 cases, which included important decisions on choice of law and federalism and on discovery for use in…

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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

Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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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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