International Comity Abstention

How Do Federal Courts Treat Foreign Parallel Litigation?

The Supreme Court has not explained how federal judges should evaluate parallel litigation in foreign courts. If the same parties are litigating the same issues before a foreign tribunal, should the federal court stay its hand? Or should it proceed until one or the other of the cases results in a judgment? The traditional European…

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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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Cert Petition Challenges Second Circuit’s Comity Abstention Doctrine

A cert petition filed with the Supreme Court on March 21, 2022 challenges the doctrine of prescriptive comity abstention.  The Second Circuit used this doctrine to reverse a $147 million antitrust judgment against Chinese companies for fixing the price of vitamin C sold into the United States. The Second Circuit’s decision relies on the kind…

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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 Coyle

University of North Carolina School of Law
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Peter B. "Bo" Rutledge

University of Georgia School of Law
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Linda J. Silberman

New York University School of Law
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Geneviève Saumier

McGill University Faculty of Law
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David L. Sloss

Santa Clara University School of Law
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Philippa Webb

King's College London
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Robert Kry

MoloLamken LLP
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Katie Burghardt Kramer

DGW Kramer LLP
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Ellen Nohle

Yale Law School
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Chris Ewell

EarthRights International
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Oona A. Hathaway

Yale Law School
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