Supreme Court

Update on Cassirer

Last year, the Supreme Court decided Cassirer v. Thyssen-Bornemisza Collection Foundation, a case about choice of law under the Foreign Sovereign Immunities Act (FSIA). This post gives a quick update on what has happened since, and where things are going next. Cassirer is a lawsuit about the ownership of a Camille Pissarro painting, surrendered by…

Continue Reading

Supreme Court Roundup (October Term 2022)

During its 2022 Term, which ended four weeks ago, the Supreme Court decided five cases with important implications for transnational litigation. The questions included whether the Foreign Sovereign Immunities Act (FSIA) applies to criminal proceedings; the standard for aiding and abetting under the Anti-Terrorism Act (ATA); whether states may exercise general personal jurisdiction over foreign…

Continue Reading

Abitron Eliminates Circuit Tests but Causes More Confusion

During the oral argument in Abitron Austria GMBH v. Hetronic International, Inc., Justices Alito, Sotomayor, Gorsuch, and Barrett all expressed concern over whether the Court should overrule its 1952 decision in Steele v. Bulova Watch Co (1952). A reader of the Court’s majority decision by Justice Alito might be surprised to see that the majority…

Continue Reading

The End of Yet Another Era? Some Reflections on Mallory

I was a young professor of civil procedure in 1977 when the Supreme Court decided Shaffer v. Heitner. The year after that decision came down, I wrote an article titled “The End of an Era” where I predicted the eventual demise of “tag” jurisdiction. I was proven completely wrong when the Court in 1990 decided…

Continue Reading

What is a “Domestic Application” of the Lanham Act? The Supreme Court Creates More Questions than It Answers

In Abitron Austria Gmbh v. Hetronic International, Inc., the Supreme Court appears to have returned to its recent preference for bright-line rules in cases assessing the extraterritoriality of federal statutes, but the brightness of this rule will dim as other fact patterns are considered.

Continue Reading

Mallory, Consent, and Political Economy

The Mallory decision has been ably summarized here and elsewhere, so this post assumes familiarity and offers a few reflections. To begin with, while it might not be a popular opinion, I don’t find the decision to be that interesting. The result roughly lined up with how I thought the case would turn out. Mallory…

Continue Reading

Supreme Court Holds that Trademark Statute Applies Only to Domestic Conduct

Last week, in Abitron Austria GmbH v. Hetronic International, Inc., the Supreme Court held that the federal trademark statute—known as the Lanham Act—applies only to domestic conduct infringing U.S. trademarks. The case involved foreign companies that put U.S.-protected trademarks on products that they made in Europe, most of which were sold to customers abroad, but…

Continue Reading

Supreme Court Holds Lanham Act Does Not Apply Extraterritorially

In Abitron Austria v. Hectronic International, the Supreme Court held that the federal trademark statute does not apply extraterritoriality, with the majority emphasizing that conduct relevant to the statute’s focus must occur within the United States.

Continue Reading

Some Thoughts on Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC

The U.S. Supreme Court will hear oral arguments in Great Lakes Insurance SE, Petitioner v. Raiders Retreat Realty Co., LLC during the 2023 Term. This case has the potential to change the way that federal courts evaluate the enforceability of choice-of-law clauses. Over the past few decades, these provisions have become ubiquitous. One study found…

Continue Reading

Mallory Decision Opens New Path for Personal Jurisdiction

The Supreme Court’s decision in Mallory re-opens the door to suing foreign companies in U.S. courts over disputes that arise in other countries. It may also have significant repercussions for personal jurisdiction doctrine more broadly.

Continue Reading

Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.brunk@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Victoria Pino

Vanderbilt Law School
Bio | Posts

Robert Kry

MoloLamken LLP
Bio | Posts

Rinat Gareev

Whitecliff Management
Bio | Posts

León Castellanos-Jankiewicz

Institute for International and European Law
Bio | Posts

Paul B. Stephan

University of Virginia School of Law
Bio | Posts

Robin Effron

Brooklyn Law School
Bio | Posts