Federal Rules of Civil Procedure

The Perils of Rule 44.1

Late last month, Judge Malachy E. Mannion of the Middle District of Pennsylvania ruled on a motion for summary judgment in Epsilon-NDT Endustriyel Kontrol Sistemleri Sanayi VE Ticaret, A.S. (“Epsilon”) v. Powerrail Distribution, Inc. (“PowerRail”). From one perspective, this case is an unremarkable business dispute arising out of an international contract. But from another perspective,…

Continue Reading

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 Reading

Preliminary Injunctions and the Hague Service Convention

Kitchenaid

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 Reading

Throwback 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…

Continue Reading

Supreme Court Ducks Fifth Amendment Due Process Question

The Supreme Court denied certiorari yesterday in Douglass v. Nippon Yusen Kabushiki Kaisha. This highly-watched case raises an important question that the Court will have to address sooner or later:  the Fifth Amendment due process limitations on personal jurisdiction. The Supreme Court’s personal jurisdiction cases have repeatedly interpreted the Due Process Clause of the Fourteenth Amendment…

Continue Reading

A Primer on Service of Process

Serving process on a defendant does two things: (1) it asserts the court’s authority over the defendant; and (2) it provides the defendant with notice of the lawsuit. In the United States, process can be served by private parties. But many foreign states regard service as a public act that can be done only by…

Continue Reading

SDNY Rejects Service by Email on Chinese Companies

In Smart Study Co. v. Acuteye-US, a federal court in the Southern District of New York (Judge Gregory Woods) rejected service by email on Chinese companies in a trademark and copyright infringement case. China and the United States are parties to the Hague Service Convention. The court reasoned that the Convention precludes service by email,…

Continue Reading

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…

Continue Reading

A Primer on Forum Selection Clauses

A forum selection clause is a contractual provision that selects a specific 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…

Continue Reading

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
Bio | Posts

Will Moon

University of Maryland
Bio | Posts

William K. McGoughran

Vanderbilt Law School
Bio | Posts

Chimène Keitner

UC Davis School of Law
Bio | Posts

Catherine Amirfar

Debevoise & Plimpton LLP
Bio | Posts

Justin R. Rassi

Debevoise & Plimpton LLP
Bio | Posts

Isabelle Glimcher

Debevoise & Plimpton LLP
Bio | Posts

Ben Köhler

Max Planck Institute for Comparative and International Private Law
Bio | Posts

Aaron D. Simowitz

Willamette University College of Law
Bio | Posts

Timothy D. Lytton

Georgia State University College of Law
Bio | Posts