Monthly Archives: May 2011

District of D.C. Decision, Denying Plaintiffs’ a Cause of Action Against Iran Under Specific Congressional Enactment of FSIA Exception, Awaiting Decision by the D.C. Circuit

Roeder v. Islamic Republic of Iran, Civ. Action No. 08-487 (D.D.C. 2010), on appeal, Dkt. No. 10-5355 (D.C.Cir), was argued earlier this month and is awaiting decision by the District of Columbia Court of Appeals. As explained by the District … Continue reading

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Third Circuit Rejects Chevron’s Broad Section 1782 Disclosure Request: Public Disclosure of Nonprivileged Communications Cannot Waive Privilege for Privileged Communications

The most recent installment of the U.S. proceedings involving Chevron Corp., the $8.646 billion judgment against it for environmental damage rendered in Ecuador, and Chevron’s efforts to stay or avoid that judgment by proceedings here in the U.S. takes us … Continue reading

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Fifth Circuit Grants and Then Withdraws Mandamus, But New York Convention Removal By Non-Defendant Still Improper

The Fifth Circuit’s decisions in In re Chrystal Power Co. Ltd, No. 11-40115 (5th Cir. 21 March 2011), on rehearing (16 May 2011), address whether mandamus lies for a District Court order erroneously permitting removal of a case to federal court … Continue reading

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Ninth Circuit Find Personal Jurisdiction Over DamilerChrysler AG under the ATS; Upholds “Agency” Rather than Alter-Ego Jurisdiction

Bauman, et al. v. DaimlerChrysler, et al., No. 07-15386 (9th Cir. 18 May 2011), involves claims by 22 Argentinian residents against DaimlerChrysler Aktiengesellschaft (DCAG) and its Argentinian subsidiary alleging that Mercedes Benz (owned by DaimlerChrysler) collaborated with Argentine state security … Continue reading

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New York’s Highest Court, Answering a Question Certified by the Second Circuit, Decides that New York’s Longarm Statute Gives Personal Jurisdiction in New York Over The Uploading of Materials to the Internet Outside of New York

New York’s Highest Court, its Court of Appeals, rendered an important decision for international practice in Penguin Group (USA) Inc. v. American Buddha (N.Y. 24 Mar. 2011).  The decision answered a question certified to it by the United States Court … Continue reading

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Canada Rebuffed In Effort To Dismiss Claims Against It on Forum Non Conveniens Grounds

Cruise Connections v. Attorney General of Canada, Civil Action No. 08-2054 (D.D.C.  15 Feb. 2011), is the decision on remand from the D.C. Circuit Court of Appeals, 600 F.3d 661 (D.C. Cir. 2010). The D.C. Circuit opinion had ruled the … Continue reading

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Eleventh Circuit Affirms Dismissal of Even U.S. Plaintiff on Forum Non Conveniens Grounds, Treating All Plaintiffs Alike

Tazoe, et al. v. Airbus SAS, et al., Dkt. No. 09, 14860 (11th Cir. 1 Feb. 2011), presents the often-raised issue of how multiple plaintiffs in the same or related cases should be treated in the context of forum non conveniens … Continue reading

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New York’s First Department Makes New Law In New York By Permitting Pre-Arbitration Award Attachment Despite No Subject Matter or Personal Jurisdiction

Sojitz Corp. v. Prithvi Info Solutions Ltd., 602511/09, 3841 (First Dep’t 3/10/11), is a decision from New York’s intermediate appellate court.  It addresses a matter of first impression in New York, which is one of importance to the development of the … Continue reading

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Seventh Circuit Joins Third Circuit in Reversing Refusal of District Courts To Permit Discovery Under Section 1782; Possibly Splits With the Second Circuit

We previously discussed the Third Circuit’s decision taking the rare step of reversing on abuse of discretion grounds the District Court’s refusal to permit discoveryunder 28 U.S.C. sec. 1782 and permitting Heraeus Kulzer GBbH discovery.  A related case, recently decided by … Continue reading

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The Principal-Agency Conundrum For Securing U.S. Jurisdiction (Part IV)

Bernardus Henricus Funnekotter, et al. v. Republic of Zimbabwe, 09 Civ. 8168 (S.D.N.Y. 2/10/11), sought to modify a judgment so that it would run against certain alleged instrumentalities of the government of the Republic of Zimbabwe. The District Court denied … Continue reading

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