Why Transnational Litigation?
The justiciability of Holocaust expropriation claims; treaty interpretation in international custody disputes; the adequacy of pleading the enslavement of children; accessing U.S. discovery for international arbitration; the availability of punitive damages for international terrorism; the immunity of international organizations before U.S. courts; how to serve process on a foreign state: The U.S. Supreme Court has…
Continue ReadingHuman Rights Litigation
Recent Posts Victims of human rights violations sometimes bring claims in U.S. courts, including claims based on violations outside the United States. The U.S. Supreme Court has recognized a limited cause of action for human rights claims under the Alien Tort Statute. Congress has also enacted statutory causes of action such as the Torture Victim…
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Act of State Doctrine The act of state doctrine provides that U.S. courts will not question the validity of an official act of a foreign government fully performed within its own territory. The act of state doctrine is a doctrine of federal common law that is binding on state courts as well as federal courts….
Continue ReadingOn UNRWA’s Immunity
[This post originally appeared at TWAILR and is reprinted here with the author’s permission.] The U.S. government’s attack on the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and indeed on the UN itself, has taken on new form. After instituting an extended freeze on U.S. funding to the…
Continue ReadingTVPRA Claims Against Neil Gaiman
Claims brought under the Trafficking Victims Protection Reauthorization Act (TVPRA) don’t often make headlines. But those filed on February 3, 2025 against British author Neil Gaiman and his American wife Amanda Palmer (who are divorcing) are an exception. Scarlett Pavlovich, who worked for three weeks as a live-in nanny for the couple, alleges that Gaiman…
Continue ReadingOral Argument in Doe v. Apple
Last week, the D.C. Circuit heard oral argument in Doe v. Apple, a case brought by victims of forced labor and human trafficking against five U.S. technology companies. The plaintiffs are children or family members of children who were injured or killed mining cobalt in the Democratic Republic of the Congo. The defendants—Apple, Alphabet, Microsoft,…
Continue ReadingCert 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….
Continue ReadingA Primer on Forum Selection Clauses
A forum selection clause is a contractual provision that selects a court to resolve disputes. When suit is filed in a court that is not the chosen forum, the clause may provide a basis for dismissal or transfer. When suit is filed in the chosen forum, the clause may provide a basis for the assertion…
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