Federal Court Issues Worldwide Anti-Enforcement Injunction
Last month, Judge Edward Davila (Northern District of California) granted a motion by Google for a rare type of equitable relief: a worldwide anti-enforcement injunction. In Google v. Nao Tsargrad Media, a Russian media company obtained a judgment against Google in Russia and then began proceedings to enforce it in nine different countries. Arguing that…
Continue ReadingWhen Is a Securities Transaction “Domestic” Under Morrison?
In Morrison v. National Australia Bank (2010), the Supreme Court held that § 10(b) of the Securities Exchange Act applies only to “transactions in securities listed on domestic exchanges, and domestic transactions in other securities.” This holding doomed the securities fraud claims in Morrison because the plaintiffs purchased their shares on the Australian Securities Exchange….
Continue ReadingEnforcing Foreign Judgments in Non-Uniform Act States
The recognition and enforcement of foreign judgments in the United States are generally governed by state law. Most states have adopted one of two uniform acts to address this. Twenty-nine states and the District of Columbia have adopted the 2005 Uniform Foreign-Country Money Judgments Recognition Act. Nine additional states still rely on its predecessor, the…
Continue ReadingServing Foreign Defendants’ U.S. Counsel to Avoid the Hague Service Convention
Plaintiffs are sometimes frustrated trying to serve process on foreign defendants through the Hague Service Convention. Sometimes, they ask federal district courts to authorize service by email as an alternative means. The problem with this, as Maggie Gardner and I have explained in detail, is that that the means of service provided in the Convention…
Continue ReadingSecond Circuit Expands Scope of Anti-Terrorism Act Suits Against Foreign States
On February 4, 2025, in Schansman v. Sberbank, the U.S. Court of Appeals for the Second Circuit ruled that foreign states and their agencies and instrumentalities may be sued under the Anti-Terrorism Act (ATA) for acts of international terrorism, provided that one of the enumerated exceptions to sovereign immunity in the Foreign Sovereign Immunities Act…
Continue ReadingDeciding the “Real Party in Interest” in FSIA Litigation
The Second Circuit has categorized a recent case against an individual Egyptian official as a case against the Egyptian government as the “real party in interest.” The case, Hussein v. Maait, was then dismissed because Egypt was immune from suit. The court of appeals did a nice job laying out and applying the relevant “real…
Continue ReadingThe $24 Billion Judgment Against China in Missouri’s COVID Suit
On March 7, 2025, Judge Stephen N. Limbaugh, Jr. (Eastern District of Missouri) entered a default judgment for more than $24 billion against the People’s Republic of China and eight other Chinese defendants for hoarding personal protective equipment (PPE) during the early days of the COVID pandemic in violation of federal and state antitrust laws….
Continue ReadingCassirer’s Case Continues
Regular TLB readers will be familiar with David Cassirer’s long-running suit to recover a painting by Camille Pissarro, which the Nazis stole from his great-grandmother, from a museum owned by the government of Spain. The case turns on choice of law. Under Spanish law, an owner acquires good title through possession for a period of…
Continue ReadingDevas v. Antrix: Headed back to the Ninth Circuit?
On Monday, the Supreme Court held oral argument in Devas v. Antrix to decide “whether plaintiffs must prove minimum contacts before federal courts may assert personal jurisdiction over foreign states sued under the Foreign Sovereign Immunities Act (FSIA).” Minimum contacts between the defendant and the United States might be required as a matter of statutory…
Continue ReadingDistrict Court Holds that Serving Chinese Defendants by Email is Prohibited
My posts on TLB often criticize judicial opinions. Today, for a change, I’d like to celebrate a district court decision addressing the thorny question of email service under the Hague Service Convention that gets the answer exactly right. In Flying Heliball, LLC v. Zero Zero Robotics, Inc., Judge Fred W. Slaughter (Central District of California)…
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