Second Circuit Holds that Forum Non Conveniens Applies Under the FSIA
In Aenergy, S.A. v. Republic of Angola, the Second Circuit held that the standard doctrine of forum non conveniens applies to suits against foreign states under the Foreign Sovereign Immunities Act (FSIA). This holding is consistent with what the D.C. Circuit has said about forum non conveniens in FSIA cases. The Second Circuit’s decision would likely…
Continue ReadingThrowback Thursday: Mason v. The Blaireau
Admiralty has always been a site of transnational litigation in the United States. From the earliest years of the Republic, the admiralty courts heard disputes brought by foreigners against foreigners over incidents that occurred outside the United States—cases that today might be derided as “foreign-cubed.” These “foreign-cubed” admiralty decisions are worth a fresh look because…
Continue ReadingCan Defendants Be Sued at Home? Forum Non Conveniens, Expendable Lives, and the Legacy of Gore v. U.S. Steel Corp.
Many were shocked last month when court documents revealed that Johnson & Johnson tested the safety of its talc powder in the 1960s by injecting asbestos into mostly Black inmates at Philadelphia’s Holmesburg prison. The use of Holmesburg inmates for medical studies was already well-documented, echoing the U.S. Government’s syphilis studies in hundreds of Black…
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