We Still Don’t Know What the State Department Thinks About the Transit Pipelines Treaty
In Bad River Band v. Enbridge Energy Co., the District Court for the Western District of Wisconsin (Judge William M. Conley) found that a pipeline owned by a Canadian company, Enbridge Energy, trespasses on the reservation of the Bad River Band of Chippewa Indians. He ordered the pipeline to shut down by June 16, 2026….
Continue ReadingTransnational Litigation Events at the 2024 ASIL Annual Meeting
On April 3-6, the American Society of International Law will hold its 118th Annual Meeting in Washington, D.C. There are several events that may be of particular interest to TLB readers. The International Law in Domestic Courts Interest Group (which Maggie and Bill co-chair) will hold a panel on Comparative Perspectives on Extraterritoriality on Thursday,…
Continue ReadingInternational Law and Insurance Litigation: Interpreting War Exclusions
Litigation over the scope of insurance coverage often follows major business losses. Disputes are generally governed by applicable contract law. In two noteworthy cases, the parties turned to international lawyers to help shed light on the terms of their agreement. Both cases arose from the denial of insurance claims for business losses incurred as a…
Continue ReadingWhat Does the State Department Think About the Transit Pipelines Treaty?
On February 8, 2024, the Seventh Circuit heard argument in Bad River Band v. Enbridge Energy Co. Enbridge, a Canadian company, owns and operates a pipeline that transports light crude oil and natural gas liquids from Canadian oil fields to the United States and Ontario. The Bad River Band of Chippewa Indians sued Enbridge for…
Continue ReadingTop 10 Posts of 2023
Many of our most popular pages in 2023 were our topic pages and primers, as we highlighted yesterday. We are grateful that our library of resources is proving useful to you, our readers. Beyond that evergreen content, here is a count-down of our 10 most-read posts of 2023: 10. Second Circuit Rejects Consent-Based Jurisdiction over…
Continue ReadingTLB in 2023
We at TLB are grateful for both the breadth and the depth of engagement by you, our readers. Here is our year at TLB by the numbers:
Continue ReadingNew Article on Cross-Border Discovery
In the most recent issue of Judicature, Judge Michael Baylson and Professor Steven Gensler have a new article related to cross-border discovery—that is, discovery abroad in support of adjudication in U.S. courts. The whole article is worth readers’ time, though I will only briefly summarize it here. As TLB readers know well, cross-border discovery is…
Continue ReadingDistrict Court Stays Debt Litigation Against Sri Lanka at U.S. Request
Hamilton Reserve Bank Ltd. calls itself the “hometown bank of America’s founding father Alexander Hamilton.” In a recent case, however, the bank found itself at odds with the Treasury Department that Alexander Hamilton founded. In Hamilton Reserve Bank Ltd. v. Democratic Socialist Republic of Sri Lanka, the United States filed a statement of interest supporting…
Continue ReadingHappy Thanksgiving
Tomorrow is Thanksgiving Day in the United States, so TLB is taking a break. We are thankful for you, our readers, around the world. If you celebrate the holiday, we wish you happiness with your family and friends. If you do not celebrate the holiday, we wish you the same. We will be back with…
Continue ReadingEvergreen Content at TLB
In addition to covering new developments in transnational litigation, TLB aims to provide evergreen content that can serve as resources for practitioners, students, and academics. Our topic pages include primers on recurrent issues in transnational litigation; collections of core primary legal sources and leading academic articles; and related TLB news coverage. We are excited to…
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