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 ReadingLatest Developments in Ecuadorian Toxic Tort Case
Since at least the early 1990s, Central and South American residents have been litigating in U.S. courts about their exposure to toxic pesticide called dibromochloropropane (“DBCP”). In the latest decision, Marquínez v. Dole Food Company, Judges Andrews in the District of Delaware held that a consolidated action on behalf of 65 Ecuadorian banana plant workers…
Continue ReadingNew Book on Foreign Law in Asia
Hart Publishing has just released an important new book on foreign law in Asia, edited by Kazuaki Nishioka. As regular TLB readers might recognize, I am very interested in how courts grapple with the law of foreign jurisdictions. (New paper coming soon!) In the United States, federal courts apply Federal Rule 44.1, under which foreign…
Continue ReadingThrowback 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…
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