Maggie Gardner

Cornell Law School

Maggie Gardner

Maggie Gardner (@maggiekgardner) is a Professor of Law at Cornell Law School. She has served as an Associate Managing Editor for AJIL Unbound, as a co-chair for the Junior International Law Scholars Association, and as a fellow in the Appeals Chamber of the Special Tribunal for Lebanon. Before entering academia, she worked as a litigation associate at WilmerHale LLP and clerked for federal appellate and district court judges. Her articles on international litigation in U.S. courts have been published in such journals as the University of Pennsylvania Law Review, Virginia Law Review, NYU Law Review, and Stanford Law Review.

Posts by Maggie Gardner

Third Circuit Clarifies Comity Abstention Test

The Third Circuit recently clarified the appropriate test for deferring to foreign bankruptcy proceedings. The court’s opinion in Vertiv, Inc. v. Wayne Burt PTE, Ltd. is clear, correct, and helpful in disambiguating the different contexts in which other federal courts have referred to “international comity abstention” and adjudicatory comity. The Facts In January 2020, Vertiv,…

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Zooming Out of Forum Non Conveniens

A recently published note in the Columbia Law Review, written by Christabel Narh, draws a connection between the federal courts’ technological learning curve during the pandemic and the future of forum non conveniens. Zooming Our Way Out of the Forum Non Conveniens Doctrine argues that the federal courts’ trial-by-fire with videoconferencing and remote litigation during…

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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…

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