Proving Foreign Law

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

Latest 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 Reading

New 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 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

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.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

Robert Kry

MoloLamken LLP
Bio | Posts

Luana Matoso

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

Curtis A. Bradley

University of Chicago Law School
Bio | Posts

Pamela K. Bookman

Fordham University School of Law
Bio | Posts

Matthew Salavitch

Fordham Law School
Bio | Posts

Hannah Buxbaum

Indiana University Maurer School of Law
Bio | Posts

Paul B. Stephan

University of Virginia School of Law
Bio | Posts

Noah Buyon

Duke University School of Law
Bio | Posts

Naman Karl-Thomas Habtom

University of Cambridge
Bio | Posts