The Perils of Rule 44.1
Late last month, Judge Malachy E. Mannion of the Middle District of Pennsylvania ruled on a motion for summary judgment in Epsilon-NDT Endustriyel Kontrol Sistemleri Sanayi VE Ticaret, A.S. (“Epsilon”) v. Powerrail Distribution, Inc. (“PowerRail”). From one perspective, this case is an unremarkable business dispute arising out of an international contract. But from another perspective,…
Continue ReadingTLB Turns Two!
Two years ago today, we launched the Transnational Litigation Blog in hopes of building a community of practitioners, academics, and students similarly interested in these fascinating and important issues. We are grateful to all of our readers, and we are especially grateful to the 91 authors (in addition to the five of us) who have…
Continue ReadingLatest Developments in Ecuadorian Toxic Tort Case
Since at least the early 1990s, Central and South American residents have been litigating in U.S. courts about their exposure to toxic pesticide called dibromochloropropane (“DBCP”). In the latest decision, Marquínez v. Dole Food Company, Judges Andrews in the District of Delaware held that a consolidated action on behalf of 65 Ecuadorian banana plant workers…
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 ReadingNew Article on Cross-Border Discovery
In the most recent issue of Judicature, Judge Michael Baylson and Professor Steven Gensler have a new article related to cross-border discovery—that is, discovery abroad in support of adjudication in U.S. courts. The whole article is worth readers’ time, though I will only briefly summarize it here. As TLB readers know well, cross-border discovery is…
Continue ReadingMDL-ing Transnational Litigation
What happens when the tax authority of the Kingdom of Denmark believes it was defrauded by more than 150 pension plans across the United States? A multidistrict litigation! This post briefly summarizes an unusual litigation in the Southern District of New York captioned In re SKAT Tax Refund Scheme Litigation. The post begins with a…
Continue ReadingVenequip 1782 Case
Section 1782, which authorizes judicial assistance to foreign and international tribunals, is a staple of transnational litigation. In a recent decision, the Seventh Circuit reviewed a lower court decision to deny a 1782 application. This case is in many ways a “typical” 1782 case, although its discussion of choice-of-forum clauses is of note. Background Very…
Continue ReadingNew Book on Foreign Law in Asia
Hart Publishing has just released an important new book on foreign law in Asia, edited by Kazuaki Nishioka. As regular TLB readers might recognize, I am very interested in how courts grapple with the law of foreign jurisdictions. (New paper coming soon!) In the United States, federal courts apply Federal Rule 44.1, under which foreign…
Continue ReadingPreliminary Injunctions and the Hague Service Convention
In Whirlpool Corporation v. Shenzhen Sanlida Electrical Technology Company, the Fifth Circuit addressed the interaction between the Hague Service Convention and the preliminary injunction. Briefly, Whirlpool sued Shenzhen in the Eastern District of Texas for trademark and trade dress infringement related to Whirlpool’s “iconic” KitchenAid mixer. (Much like a prior Seventh Circuit case, this one…
Continue ReadingFuld: Right for the Wrong Reason
In a major decision interpreting Mallory v. Norfolk Southern Railway Co. (2023), the Second Circuit in Fuld v. Palestine Liberation Organization held that personal jurisdiction may not be established by relying on the “deemed consent” provision of the Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”). A thorough review of the decision can…
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