Antisuit Injunctions

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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Cert 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.

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Divided Fifth Circuit Panel Affirms Antisuit Injunction in Tragic Case

Normally, the fact that the Fifth Circuit affirmed an antisuit injunction would not be noteworthy. The Fifth Circuit is among the circuits that has adopted a liberal approach to antisuit injunctions, and all circuits review a district court’s decision to grant or deny such an injunction for abuse of discretion. But the decision in Ganpat…

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The Use and Abuse of Section 1782 Litigation in England

This post considers the use and misuse in England of the U.S. district court’s power under 28 U.S.C. § 1782 to order a person to give evidence or produce documents for use in a proceeding in a foreign tribunal. It is based upon a paper written for a conference honouring Professor Linda Silberman, a close…

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New Scholarship on Anti-Suit Injunctions

Raghavendra R. Murthy, outgoing Editor-in-Chief of the Vanderbilt Law Review, has published a note on antisuit injunctions and patent litigation: Why Can’t We Be FRANDs?: Anti-Suit Injunctions, International Comity, and International Commercial Arbitration in Standard-Essential Patent Litigation.  The note explores the rise of anti-suit injunctions related to the licensing of “standard-essential patents.”  Owners of such…

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A Primer on State Law in Transnational Litigation

The procedural and substantive rules that U.S. courts apply in transnational litigation come from many sources, including the U.S. Constitution, international treaties, customary international law, federal statutes, federal rules, and federal common law (both preemptive and non-preemptive)—but also, state statutes, state rules, and state common law. This primer focuses on the underappreciated role of state…

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Throwback Thursday: Joseph Story and the Comity of Nations

One of the most influential books on transnational litigation was written nearly two centuries ago by a sitting Justice of the U.S. Supreme Court. Joseph Story’s Commentaries on the Conflict of Laws, first published in 1834, synthesized foreign and domestic cases regarding conflict of laws and the enforcement of foreign judgments. Story endorsed international comity…

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Recent Scholarship on Antisuit Injunctions

Giuseppe Colangelo and Valerio Torti have posted an interesting paper on antisuit injunctions in patent litigation. The paper helpfully surveys recent clusters of litigation in China, Europe, the United Kingdom, the United States and elsewhere. Especially notable is the growth both in antisuit injunctions against Chinese companies and in antisuit injunctions issued by Chinese courts…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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Timothy D. Lytton

Georgia State University College of Law
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