Parallel Proceedings

Cert Petition Defends Partial Forum Non Conveniens Dismissals

A pending cert petition before the U.S. Supreme Court asks whether a district court may dismiss part of an action pursuant to the doctrine of forum non conveniens (“FNC”) while allowing the rest of the case to proceed. The Tenth Circuit held that it could not in DIRTT Environmental Solutions Inc. v. Falkbuilt Ltd. because…

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Divided Fifth Circuit Panel Affirms Antisuit Injunction in Tragic Case

Normally, the fact that the Fifth Circuit affirmed an antisuit injunction would not be noteworthy. The Fifth Circuit is among the circuits that has adopted a liberal approach to antisuit injunctions, and all circuits review a district court’s decision to grant or deny such an injunction for abuse of discretion. But the decision in Ganpat…

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The Use and Abuse of Section 1782 Litigation in England

This post considers the use and misuse in England of the U.S. district court’s power under 28 U.S.C. § 1782 to order a person to give evidence or produce documents for use in a proceeding in a foreign tribunal. It is based upon a paper written for a conference honouring Professor Linda Silberman, a close…

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Recognition of Foreign Bankruptcy Proceedings Under Chapter 15

Transnational insolvency proceedings primarily involve cases where debtors have assets or creditors in multiple jurisdictions. To avoid conflicts between different bankruptcy regimes, many countries allow recognition of foreign bankruptcies in their territories and provide aid to foreign bankruptcy trustees. Recognition of foreign insolvency proceedings in the United States is governed by Chapter 15 of the U.S….

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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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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

Melissa Kucinski

MKFL
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Cara Maines

NYU School of Law
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Andrew J. Coyner

Vanderbilt Law School
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Marc Tiernan

University of Amsterdam
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Poppy Alexander

Constantine Cannon
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Kelly Adams

Herbert Smith Freehills LLP
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Ben Köhler

Max Planck Institute for Comparative and International Private Law
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