Second Circuit Affirms FSIA Tort Exception in Claim Against Namibia, Using...
USAA Casualty Ins. Co. v. Permanent MIssion of the Republic of Namibia, Dkt. No. 10-4892-cv (2d Cir. 2012), involves an appeal from an order we posted on in 2010 (see our discussion here). In the...
View ArticleFourth Circuit Weighs in on Circuit Split Concerning Whether State Insurance...
ESAB Group, Inc. v. Zurich Ins. PLC, et al., No. 11-1243 (4th Cir. 2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and...
View ArticleFourth Circuit Affirms Personal Jurisdiction Over Non-U.S. Defendants,...
Tire Engineering and Distribution, LLC et al. v. Shandong Linglong Rubber Company, Ltd. et al., No. 10-2271 (4th Cir. 2012), addresses several issues of international practice. The plaintiff sued...
View ArticleEleventh Circuit Reiterates Its Rejection of Public Policy Defenses To the...
Fernandes v. Carnival Corp., No. 09-15675 (11th Cir. 2012), provides a concentrated refresher of several international practice principles that the courts, especially in the Eleventh Circuit, have...
View ArticleSeventh Circuit Applies Non-U.S. Law, Finds Not Conflict, And Awards Full...
In re Griffin Trading Co. (Appeal of Leroy G. Inskeep), No. 10-3607 (7th Cir. 2012), reviewed a District Court application of Illinois law in a breach of fiduciary duty claim in which those in control...
View ArticleNinth Circuit Reverses FSIA Exception; No Commercial Activity in the U.S. in...
Terenkian v. Republic of Iraq, No. 10-56708 (9th Cir. 2012), addresses the important international practice question of whether activity by a non-U.S. sovereign satisfies the “commercial activity”...
View ArticleNew York’s Highest Court Interprets Both State and Federal Antitrust Law and...
Global Reinsurance Corp. v. Equitas Ltd., No. 53 (NY Ct. App. 2012), addresses the sufficiency and, more pertinent for our purposes, the extra-territorial reach of antitrust claims under New York’s...
View ArticleEleventh Circuit Finds Moot a Post-Judgment Challenge to a Confirmed Arbitral...
Ingaseosas International Co. v. Aconcagua Investing Ltd., No. 11-10914 (11th Cir. 2012) (unpublished), involves an interesting application of the primary vs secondary jurisdiction doctrine under the...
View ArticleCourt Denies Non-U.S. Company’s Attempt To Avoid Default, Citing Agency...
The drywall litigation, arising from the installation into U.S. homes of allegedly defective drywall from China, has included a great many noteworthy international practice issues. Many companies have...
View ArticleNorex Decision, Long in Federal Court, Now Dismissed By State Court Using...
We have posted on the meanderings of the Norex case in federal court (e.g., here). After dismissal from federal court, Norex sued in state court. Norex Petroleum Ltd. v. Leonard Blavatnik, et al.,...
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