Forum Non Conveniens

Supreme Court Denies Cert in More Transnational Litigation Cases

On Monday, I reported that the Supreme Court denied cert in NSO Group Technologies Ltd. v. WhatsApp Inc., letting stand a Ninth Circuit decision that companies that work for foreign governments cannot claim immunity from suit under federal common law. Monday’s orders list also denied cert in two other cases that TLB has been following. First,…

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“Catching and Killing” Suits Against Boeing

A recent decision by the Northern District of Illinois (Judge Franklin Valderrama) exemplifies the phenomenon that TLB advisor Zach Clopton has termed catch and kill jurisdiction: when federal courts stretch to take cases from state courts only to dismiss them on procedural grounds that the state courts would not have applied. In Wragge v. Boeing,…

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Transnational Litigation Anticipation: Previewing the Court’s Next Term

TLB recently recapped the Supreme Court’s transnational litigation cases from last Term. This post looks ahead to the upcoming Term, for which the Court has already granted certiorari in a personal jurisdiction case that may have implications for transnational litigation. TLB is also tracking several interesting petitions for certiorari in disputes involving the Foreign Sovereign…

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A Primer on Forum Non Conveniens

Under the doctrine of forum non conveniens, a judge may dismiss a case on the understanding that the case would be better heard in another sovereign’s court. It is a judge-made discretionary doctrine that can be invoked even if the court otherwise has proper jurisdiction over the case. This primer describes the current federal doctrine…

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Colorado Court Holds That Forum Non Conveniens Dismissal Is Not Preclusive

When a court in the United States grants a motion to dismiss for forum non conveniens, finding that a plaintiff’s claims should be litigated abroad, may the plaintiff instead choose to refile its claims in another U.S. jurisdiction? The answer will often be yes because the forum non conveniens dismissal does not have issue preclusive…

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Throwback Thursday: The Legacy of Paxton Blair

Paxton Blair, a New York attorney practicing in the 1920s, has influenced American law to an extent most law professors can only dream of. His 1929 Columbia Law Review article, The Doctrine of Forum Non Conveniens in Anglo-American Law, introduced the term “forum non conveniens” to the United States. (As he noted, only a few…

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A Primer on State Law in Transnational Litigation

[Editors: This post is one in a series of Primers on topics in transnational litigation. Primers on each of the topics listed in the Topics menu are planned, and some already appear on the relevant topic pages.] The procedural and substantive rules that U.S. courts apply in transnational litigation come from many sources, including the…

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How Do Federal Courts Treat Foreign Parallel Litigation?

The Supreme Court has not explained how federal judges should evaluate parallel litigation in foreign courts. If the same parties are litigating the same issues before a foreign tribunal, should the federal court stay its hand? Or should it proceed until one or the other of the cases results in a judgment? The traditional European…

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Kashef v. BNP Paribas SA Overcomes the Forum Non Conveniens Hurdle

In Kashef v. BNP Paribas SA, Judge Alvin K. Hellerstein in the Southern District of New York recently denied the defendants’ motion to dismiss for forum non conveniens. The order allows plaintiffs to continue to pursue their claims against BNP Paribas S.A. and its U.S.-based subsidiary and New York branch (“BNPP”) for their role in…

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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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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 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 Hornung

Cornell Law School
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Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
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Chimène Keitner

UC Hastings Law
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David P. Stewart

Georgetown University Law Center
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Curtis A. Bradley

University of Chicago Law School
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Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
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Rajat Lal

Faculty of Law, Monash University
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David Landau

Florida State University College of Law
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Katie Burghardt Kramer

DGW Kramer LLP
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Tanya Monestier

University at Buffalo School of Law
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