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…
Continue ReadingCall 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…
Continue ReadingOral 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…
Continue ReadingHappy New Year!
TLB will be on winter break until January 9, 2024. We wish you all the best in the new year!
Continue ReadingTop 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…
Continue ReadingTLB 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:
Continue ReadingCert 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.
Continue ReadingEvergreen 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…
Continue ReadingEighth Circuit Weighing Adoption of Foreign Relations Abstention
The Eighth Circuit will soon hear an interlocutory appeal to consider permitting abstention based on foreign relations concerns. In Reid v. Doe Run Resources Corp. (as the case is captioned on appeal), Peruvian citizens allege they were seriously harmed as children by toxic substances emitted by a metallurgical refining complex in Peru and that this…
Continue ReadingSupreme Court Requests Response to FNC Cert Petition
The Supreme Court has called for a response in Wamai v. Industrial Bank of Korea, a terrorism-related lawsuit that was dismissed for forum non conveniens. The plaintiffs have asked the Court to consider how much deference federal courts should give U.S. plaintiffs’ choice of forum when they are joined by foreign co-plaintiffs. The Southern District…
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