Choice of Law

More Choice of Law in Terrorism Cases

The U.S. District Court for the District of Columbia (DDC) hears a lot of state-sponsored terrorism cases. The plaintiffs in these cases typically assert a cause of action under 28 U.S.C. § 1605A(c). This action is, however, only available to individuals who are either (1) a U.S. national, (2) a U.S. servicemember, (3) a U.S….

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Further Thoughts About Missouri’s COVID Suit Against China

As previously discussed at TLB, the Eighth Circuit recently held that the Foreign Sovereign Immunities Act (FSIA) does not shield the People’s Republic of China from suit on one of the claims that Missouri has brought against it arising from the COVID-19 pandemic. Specifically, the court of appeals held that Missouri could move forward with…

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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…

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Two Conflicts Events in Oregon in May

Willamette University College of Law will be hosting two events, back to back, in May that may be of interest to TLB readers. Fifty Years in the Conflicts Vineyard On May 8-9, 2024, Willamette University College of Law and the Conflict of Laws Section of the Association of American Law Schools will hold a symposium…

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Oral Arguments in Billion-Dollar Choice-of-Law Case

On January 10, 2024, the New York Court of Appeals heard oral arguments in Petroleos de Venezuela S.A. v. MUFG Union Bank, N.A. The issue presented in this case, as previously discussed here and here and here, is whether a U.S. court should apply the law of New York or the law of Venezuela to…

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Forum Selection Agreements as Indicators of Implied Choice of Law

Originally posted on the EAPIL blog on 31 August 2023, and currently updated in this blog. In a recent article, I explore what should be globally significant in a forum selection agreement as an indicator of the implied choice of law when the agreement omits a choice-of-law clause. This topic is in itself a very old one,…

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Ninth Circuit Decides Cassirer in Favor of Spain

In 2005, Claude Cassirer sued a state-owned museum in Spain to recover a painting by Camille Pissarro that the Nazis stole from his grandmother. The case went to the U.S. Supreme Court on a choice-of-law question, and the Court held that state, rather than federal, choice-of-law rules should determine the applicable law in cases under…

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New Empirical Study on CISG Litigation

There are a number of empirical studies about the United Nations Convention on Contracts for the International Sale of Goods (CISG). A recent intervention by Carolina Arlota and Brian McCall, When Federal Law Goes Unnoticed: Assessing the CISG’s Applicability Across U.S. Courts Based on an Empirical Research of Decisions from 1988 to 2020, in the…

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Oral Argument in Great Lakes

On October 10, 2023, the U.S. Supreme Court heard oral argument in Great Lakes Insurance v Raiders Retreat Realty LLC. The issue presented was whether, as a matter of federal admiralty law, a choice-of-law clause in a maritime contract may be rendered unenforceable if enforcement is contrary to the “strong public policy” of the state…

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Choice of Law in Terrorism Cases

The U.S. District Court for the District of Columbia (DDC) is routinely called upon to adjudicate civil cases where plaintiffs bring claims against foreign sovereigns on behalf of themselves or relatives who were killed or injured in terrorist attacks overseas. If the plaintiff is neither a U.S. national, a U.S. servicemember, a U.S. government employee,…

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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

Chukwuma Okoli

University of Birmingham
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Haley Anderson

University of California Berkeley
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Brian D. Hulse

Davis Wright Tremaine LLP
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Wenliang Zhang

Renmin University of China Law School
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Haoxiang Ruan

Renmin University of China Law School
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Melissa Kucinski

MKFL
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