Recent Cases

ZF Automotive: Predictable Outcome, Lackluster Reasoning

Whatever one may think of it, the Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd. is not a surprise. It reflects the forceful intervention of the U.S. Government and aligns well with the drift of the Court’s conduct of oral argument in the case. Even the constituency most apt to want to use…

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Supreme Court Holds in ZF Automotive That Section 1782 Does Not Apply to International Arbitration

The Supreme Court held today that Section 1782 does not apply to international arbitration—neither international commercial arbitration nor investor-state arbitration. Writing for a unanimous Court, Justice Barrett held that only governmental or intergovernmental adjudicative bodies fall within the scope of the provision. Section 1782 authorizes federal district courts to order persons residing or found within…

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District Court Holds that Magnuson-Moss Warranty Act Does Not Apply Extraterritorially

In a recent decision, Eichhorn-Burkhard v. Hill’s Pet Nutrition, Inc., a district court in Kansas (Judge Julie Robinson) held that the Magnuson-Moss Warranty Act (MMWA) does not apply extraterritorially to a U.S. company’s sales of dog food in Europe. The case provides a nice illustration of how U.S. courts apply the presumption against extraterritoriality to…

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Doe v. Meta and the Future of the Communications Decency Act

Two law firms recently filed a class action lawsuit on behalf of Rohingya refugees in the United States seeking at least $150 billion in compensatory damages from Meta (formerly Facebook).  The plaintiffs in Doe v. Meta allege that Meta’s algorithms were designed to promote hate speech and misinformation about the Rohingya, a Muslim-minority population in Myanmar…

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District Court Quashes Substituted Service on Chinese Defendant

In a recent decision, Topstone Communications, Inc. v. Chenyi Xu, a federal court in Texas (Judge Keith Ellison) held that a plaintiff headquartered in Texas must serve defendants based in China by using the Hague Service Convention. The opinion provides a good analysis of how both substituted service on a state official and service by email…

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Court Holds that ATS Claims for Medical Experimentation Are Not Impermissibly Extraterritorial

In a recent decision, Estate of Alvarez v. The Johns Hopkins University, a federal district court held that claims under the Alien Tort Statute (ATS) based on nonconsensual medical experiments in Guatemala were not impermissibly extraterritorial. Although the district court ultimately granted summary judgment for the defendants on other grounds, the decision is significant because…

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Havlish Plaintiffs File a Potentially Misleading Brief Claiming Entitlement to Afghan Central Bank Assets

The 2021 return of the Taliban to power in Afghanistan has led to litigation in the United States over the assets of the Afghan Central Bank (“DAB”).  As I explained in an earlier post, an executive order by President Biden froze about $7.0 billion in DAB assets held in New York. A license from the…

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The Role of the FCPA in Transnational Litigation

Professor Maggie Gardner’s thought-provoking post on the role of the UN Convention Against Corruption (UNCAC) in forum non conveniens analysis in IMSS v. Stryker and IMSS v. Zimmer Biomet Holdings led me to consider how the Foreign Corrupt Practices Act (FCPA) factors into these cases. Interestingly, both defendant corporations, Stryker Corporation and Zimmer Biomet Holdings,…

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Second Circuit Rejects Act of State Doctrine in Antitrust Case

In a recent decision, Celestin v. Caribbean Air Mail, Inc., the Second Circuit held that the act of state doctrine does not bar U.S. antitrust claims based on the acts of a foreign government. Although the Second Circuit is right, its decision diverges from the decisions of other circuits that have applied the doctrine as…

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CVSG in Usoyan v. Turkey: Can Turkey Use Force in the United States to Protect Its President?

A violent clash in Washington, D.C. between Turkish security forces and protestors has led to civil litigation with interesting questions about the authority of foreign security details and the immunity to which foreign governments are entitled. Turkey has petitioned for certiorari, and the Supreme Court has shown an interest in the case by calling for…

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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 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

Matt Slovin

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Noah Buyon

Duke University School of Law
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Will Moon

University of Maryland
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William K. McGoughran

Vanderbilt Law School
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Chimène Keitner

UC Davis School of Law
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Catherine Amirfar

Debevoise & Plimpton LLP
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Justin R. Rassi

Debevoise & Plimpton LLP
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Isabelle Glimcher

Debevoise & Plimpton LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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Aaron D. Simowitz

Willamette University College of Law
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