Monthly Archives: August 2010

Supreme Court’s Morrison’s Decision Spreading Extraterritoriality Concerns Beyond U.S. Securities Laws Into RICO – and Beyond?

An interesting collateral consequence of the U.S. Supreme Court’s decision in Morrison (discussed in our postings of 7/16/10 and 7/19/10) has just come to the fore.  Morrison held that the long-used “effects” test (to determine if federal jurisdiction was proper in … Continue reading

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RICO Held Not To Apply Extraterritorially, Following Morrison

In the first decision that we have seen (see our post of 7/16/10) since the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191) held that Section 10(b) of the Securities Exchange Act of 1934 did not provide a … Continue reading

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An Unspoken Application of International Comity Lies at the Heart of Second Circuit’s Rejection of New York City’s Effort to Tax Non-U.S. Missions, Which the Court of Appeals Held Was Preempted by the Retroactive Federal Action Despite the Absence of Sovereign Immunity.

 In the recent decision by the Second Circuit, City of New York v. The Permanent Mission of India to the United Nations, 08-1805, 1806 (2d Cir. 8/17/10), the Court of Appeals continued the saga of New York City’s attempts to … Continue reading

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Collateral Order Doctrine Available for Reviewing Some International Litigations But Not Others – But In Both Cases Federal Court Litigation Continues

Our posting of 20 August 2010, discussing OSS Nokalva, Inc. v. European Space Agency (ESS), Nos. 09-3602, 3640 (3d Cir. 8/16/10)(link to decision), observed that the Third Circuit has expressly felt the need to invoke – and did invoke — … Continue reading

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Another Day, Another Circuit Rejects a Sovereign Immunity Defense

The score now seems to be 4-0.  In the last four weeks, four Circuits have addressed the defense of sovereign immunity, and in each case they have upheld the plaintiff’s right to sue in federal court.  The first three decisions … Continue reading

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How To Fund International Litigation? Contrasting “Liberal” Europe with the “Conservative” U.S.?

International controversies, like domestic ones, need to be paid for.  One method of financing litigation is to obtain funds for either costs, or fees, or both, not from the client or from the law firm (e.g., in a contingency arrangement) … Continue reading

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Another Circuit – this time the Ninth — Cuts Back on Sovereign Immunity Defense: Cassirer v. Kingdom of Spain, et al.

In an en banc decision in the transnational litigation context by the Ninth Circuit, in Cassirer v. Kingdom of Spain, et al., No. 06-56325, 06-56406 (9th Cir. 8/12/10) (link here), the Court of Appeals addressed several issues concerning the applicability … Continue reading

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Second Court of Appeals in Two Weeks Rejects Germany’s Invocation of Sovereign Immunity To Avoid Being Sued in the U.S. over pre-WWII Bonds

The fascinating story of Germany’s sales of bonds in the 1920s, the subsequent Russian confiscation, and Germany’s post-WWII efforts to stabilize the market for such bonds, is the subject, not of any summer-time suspense novels, but of two recent decisions … Continue reading

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Yet Another Court Invalidates the Combination of Forum Selection and Choice of Law Clauses but Severs To Uphold International Arbitration Provision

Our post of 8/9/10 discussed Matthews v. Princess Cruise, Ltd., Case No. 10-60830-CIV-GOLD/MCALILEY (S.D. Fla. 7/7/10), including how the court there permitted a post-litigation stipulation to the application of U.S. law as a means of saving an international arbitration agreement.  … Continue reading

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Another Court Invalidates the Combination of Forum Selection and Choice of Law Clauses but Severs To Uphold International Arbitration Provision

A district court in Florida furthered international comity by permitting removal of a case from state to federal court, then ordering that international and even U.S. Statutory claims be arbitrated in accordance with arbitration provisions in a contract that the court saved … Continue reading

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