Doe Run Defendants Seek Cert for Foreign Relations Abstention
A pending cert petition in Doe Run Resources v. Reid asks the Supreme Court to dismiss tort claims brought by foreign plaintiffs against a U.S. company, its subsidiaries, and various corporate officers based on foreign relations abstention. The Peruvian plaintiffs allege they were seriously harmed as children by toxic substances, including toxic levels of lead,…
Continue ReadingFuld and Waldman Plaintiffs Seek Supreme Court Review
TLB has followed the Second Circuit’s decisions holding unconstitutional the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) and denying an en banc rehearing in Fuld v. Palestine Liberation Organization and Waldman v. Palestine Liberation Organization over a strong dissent by Judge Steven Menashi. As predicted, the plaintiffs recently filed a…
Continue ReadingSupreme Court Requests Response to FNC Cert Petition
The Supreme Court has called for a response in Wamai v. Industrial Bank of Korea, a terrorism-related lawsuit that was dismissed for forum non conveniens. The plaintiffs have asked the Court to consider how much deference federal courts should give U.S. plaintiffs’ choice of forum when they are joined by foreign co-plaintiffs. The Southern District…
Continue ReadingTLB’s Petitions to Watch at the Long Conference
Today the justices of the U.S. Supreme Court gather for their first conference before the official beginning of October Term 2023—what is colloquially known as the “long conference” because of the long list of petitions for certiorari on their agenda. We can expect an orders list within the next day or two with additional grants…
Continue ReadingCert Petition Defends Partial Forum Non Conveniens Dismissals
A pending cert petition before the U.S. Supreme Court asks whether a district court may dismiss part of an action pursuant to the doctrine of forum non conveniens (“FNC”) while allowing the rest of the case to proceed. The Tenth Circuit held that it could not in DIRTT Environmental Solutions Inc. v. Falkbuilt Ltd. because…
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