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…
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 ReadingTwo 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…
Continue ReadingOral 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…
Continue ReadingForum 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,…
Continue ReadingNinth 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…
Continue ReadingNew 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…
Continue ReadingOral 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…
Continue ReadingChoice 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,…
Continue ReadingCassirer on Remand: Considering the Laws of Other Interested States
Claude Cassirer brought suit in federal court in California eighteen years ago against the Thyssen Bornemisza Museum of Madrid, Spain, to recover a painting by Camille Pissarro that was stolen from his grandmother by the Nazis during World War II. After a reversal and remand from the U.S. Supreme Court last summer, the case is…
Continue Reading