Monthly Archives: July 2011

First Circuit Finds Fraudulent Inducement Claims Arbitrable by Virtue of the “Ambiguity” of “Arising Under” Language — Despite Granite Rock

Dialysis Access Center, LLC, et al. (DAC) v. RMS Lifeline, Inc. (RMS), No. 10-1872 (1st Cir. Mar. 2011), includes a step-by-step refresher of the current state of the law on when in international litigation an arbitration clause can force a … Continue reading

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Ninth Circuit Refuses To Permit Case Involving Peppercorns and Trochus Buttons To Proceed Against the Sovereign State of Pohnpei

AHPW, Inc., et al. v. State of Pohnpei, et al., No. 09-17871 (9th Cir. Jun. 2011) (unpublished), addresses several common issues that arise in the context of international litigation practice involving non-U.S. sovereigns but in an uncommon geographical and factual setting. … Continue reading

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District Court Finds FSIA Terrorist Exception Met by Generalized Allegations of Proximite, Rather than But-for, Causation

Sheryl Wultz, et al. v. Islamic Republic of Iran, 08-cv-1460 (D.D.C. 2010),  bears mention because of more recent attempts by non-U.S. sovereigns to avoid jurisdiction in the U.S. under 29 U.S.C. § 1605A (see our discussion of the application of … Continue reading

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Ninth Circuit Reaffirms on Rehearing Its Rejection of District Court Dismissal on Forum Non Conveniens Grounds

Carijano, et al. v. Occidental Petroleum Corp., et al., No. 08-56187 (9th Cir. June 1, 2011), is a decision on rehearing of an earlier decision on forum non conveniens.   In the earlier decision, the Court of Appeals reversed as an … Continue reading

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Courts “Of”, Rather than “In”, a Jurisdiction Do Not Include Federal Courts Within that Jurisdiction, says Third Circuit

New Jersey, et al. v. Merrill Lynch & Co., et al.  involves what the Court of Appeals called the “narrow” issue of the interpretation of forum selection clauses. In fact, in our experience, the issue is an important one for … Continue reading

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Rejecting Claim of Unconscionability To Avoid Arbitration, District Court Reaffirms New York as a Center for International Commerce and Standardized Contracting

Where would an international practitioner or law firm or even a purely domestic corporate lawyer or go for a recent, succinct, lucid articulation of New York law on the subject of the circumstances under which a party can invoke the … Continue reading

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Class Action Raising Predominantly Non-U.S. Law Claims Dismissed on the Basis of Comity

Toyota Motor Corp. Securities Litigation, cv 10-922 DSF (AJWx) (C.D. Cal. July 2011), addressed claims asserted both under the Private Securities Litigation Reform Act and under Japanese law arising out of Toyota’s recall of Toyota and Lexus brand cars, which … Continue reading

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D.C. Circuit Holds that the Alien Tort Statute Applies to Corporations, Confirming Circuit Split with Second Circuit’s Kiobel Decision

John Doe VIII, et al. v. Exxon Mobil Corp., et al., No. 09-7125 (consolidated) (D.C. Cir. July 2011),  is a 112 page 2-1 majority decision analyzing the scope of claims under the Alien Tort Statute, 28 U.S.C. sec. 1350.  The … Continue reading

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U.S. Supreme Court Reaffirms Basic Personal Jurisdiction Principles; Finds No Specific or General Jurisdiction Over Non-U.S. Affiliates of Goodyear

Last year’s end-of-Term Supreme Court international practice case, Morrison v. National Australia Bank, No. 08-1191 (S. Ct. June 2010),  has ushered in a year’s worth of jurisdiction shifting cases attempting to be faithful to the Supreme Court’s dictate that Section … Continue reading

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Second Circuit, Sharing District Court’s “Irritation” at Argentina’s Refusal To Pay Its Creditors, Nonetheless Finds Central Banking Assets Immune from Attachment

NML Capital, Ltd., et al. v. Banco Central de la Republica Argentina (BCRA), et al., Dkt. Nos. 10-1487-cv-L, et al. (2d Cir. July 2011) addresses what the Court of Appeals describes as matters of first impression in the Circuit:  1) … Continue reading

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