New 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…
Continue ReadingUpdate on Cassirer
Last year, the Supreme Court decided Cassirer v. Thyssen-Bornemisza Collection Foundation, a case about choice of law under the Foreign Sovereign Immunities Act (FSIA). This post gives a quick update on what has happened since, and where things are going next. Cassirer is a lawsuit about the ownership of a Camille Pissarro painting, surrendered by…
Continue ReadingUsing 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 ReadingMallory, Consent, and Political Economy
The Mallory decision has been ably summarized here and elsewhere, so this post assumes familiarity and offers a few reflections. To begin with, while it might not be a popular opinion, I don’t find the decision to be that interesting. The result roughly lined up with how I thought the case would turn out. Mallory…
Continue ReadingThrowback Thursday: Federal Rule 44.1
For this installment of Throwback Thursday, we are going back to the year 1966. In that year, the Supreme Court adopted important changes to the Federal Rules of Civil Procedure governing class actions, amendments that have garnered substantial commentary ever since. This post addresses a less-heralded change, the introduction of Federal Rule 44.1 governing foreign…
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