Supreme Court

Cert Sought to Resolve Circuit Split on Anti-Suit Injunction Standard

The Supreme Court will consider a petition for cert to resolve a circuit split over when to issue antisuit injunctions.

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Supreme Court Requests Response to FNC Cert Petition

The Supreme Court has called for a response in Wamai v. Industrial Bank of Korea, a terrorism-related lawsuit that was dismissed for forum non conveniens. The plaintiffs have asked the Court to consider how much deference federal courts should give U.S. plaintiffs’ choice of forum when they are joined by foreign co-plaintiffs. The Southern District…

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Drafting the Opinion in Great Lakes

Over the past six years, I have spent a lot of time thinking about choice-of-law clauses. I have written about how to interpret them, about their extraterritorial effect, about their history, and about why insurance companies frequently omit them from their policies. If a pub were ever to host a trivia night devoted to choice-of-law…

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Are Social Media Algorithms “Passive Nonfeasance”? What Twitter v. Taamneh Got Wrong

In the recent case of Twitter, Inc. v. Taamneh, the U.S. Supreme Court held that the plaintiffs failed to demonstrate that Facebook, Twitter, and Google knowingly provided assistance to the Islamic State of Iraq and the Levant (ISIS) in connection with its attack on the Reina nightclub in Istanbul, Turkey in 2017. The plaintiffs, family…

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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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Supreme Court Denies Cert in Extraterritorial Wire Fraud Case

The Supreme Court denied cert this morning in Elbaz v. United States, a case involving the extraterritorial reach of the federal wire fraud statute. The order lets stand a decision of the Fourth Circuit holding that the wire fraud statute could be applied to a scheme to defraud investors centered in Israel based on two…

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Supreme Court Asks for the Views of the Solicitor General in FSIA Case

This morning, the Supreme Court called for the views of the Solicitor General in Blenheim Capital Holdings Ltd. v. Lockheed Martin Corp., a case about the interpretation of Foreign Sovereign Immunities Act’s (FSIA) commercial activities exception. The Fourth Circuit held that South Korea’s purchases of military aircraft and satellites do not fall within the exception because…

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TLB’s Petitions to Watch at the Long Conference

Today the justices of the U.S. Supreme Court gather for their first conference before the official beginning of October Term 2023—what is colloquially known as the “long conference” because of the long list of petitions for certiorari on their agenda. We can expect an orders list within the next day or two with additional grants…

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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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Fuld: Right for the Wrong Reason

In a major decision interpreting Mallory v. Norfolk Southern Railway Co. (2023), the Second Circuit in Fuld v. Palestine Liberation Organization held that personal jurisdiction may not be established by relying on the “deemed consent” provision of the Promoting Security and Justice for Victims of Terrorism Act (“PSJVTA”). A thorough review of the decision can…

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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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