Monthly Archives: September 2011

Another Court Permits “Indirect” Takings Claim To Proceed Against Non-U.S. Sovereign Despite Foreign Sovereign Immunities Act

Victims of the Hungarian Holocaust v. Hungarian State Railways (HSR), No. 10 C 868 (N.D. Ill. July 2011), address claims against an instrumentality of the Government of Hungary that allegedly “played a role in the looting and plundering of Jewish possessions … Continue reading

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Non-U.S. Liquidation Proceeding Recognized by U.S. Court; Public Policy Bar Rejected

In re: Fairfield Sentry Limited, et al., 10 Civ. 7311 (S.D.N.Y. Sept. 2011), is an appeal to the District Court of a ruling by the Bankruptcy Court that recognized the liquidation proceeding of Fairfield pending in the British Virgin Islands (BVI) as a … Continue reading

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Another Court Compelling Arbitration Based On AT&T Mobility; Extending the Supreme Court’s Analysis Yet Further?

Kaltwasser v. AT&T Mobility LLC, Case No. C 07-00411 (N.D. Cal. Sept. 2011), involves claims similar to those that the Supreme Court addressed in its significant decision of earlier this year, AT&T MobilityLLC (ATTM) v. Conception, 131 S.Ct. 1740 (2011), which … Continue reading

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Second Circuit Vacates Preliminary Injunction Entered In Favor Of Chevron Against Ecuador Judgment, Staying Portion of District Court Case

We have written on District Judge Kaplan’s decision earlier this year — a 127-page decision preliminary enjoining enforcement, anywhere in the world, of an Ecuadorian judgment totaling $8.646 billion obtained by Lago Agrio plaintiffs (indigenous peoples in the Amazonian rain forest) against Chevron … Continue reading

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Ninth Circuit Vacates Class Certification Based in Part on Wal-Mart

Shirley “Rae” Ellis, et al v. Costco Wholesale Corp., No. 07-15838 (9th Cir. Sept. 2011), presents one of the first Court of Appeals’ efforts to apply the Supreme Court’s class action decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. … Continue reading

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Court Dismisses Both “Foreign Cubed” as Well as “Foreign Squared” Securities Claims Based on Morrison

In the absence of appellate guidance, District Courts continue to apply or expand the ruling of Morrison v. National Australia Bank Ltd., No. 08-1191 (June 24, 2010), the first “foreign-cubed” securities action to appear before the Supreme Court—in which (i) non-U.S. … Continue reading

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New York Will Exercise Extraterritorial Jurisdiction Over Assets Abroad To Satisfy U.S. Judgment Assuming Requisite Personal Jurisdiction; Enforcement of Judgment Procedure Discussed

JW Oilfield Equipment, LLC v. Commerzbank AG, No. 18 MS 0302 (PKC)(S.D.N.Y. Jan. 2011), makes a series of useful international litigation rulings relating to enforcement and collection of money judgments.  In this regard, see generally the discussion of issues relating … Continue reading

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International Arbitral Tribunal (ICSID) Approves “Mass” — Class Action-Like — Claims Approach by Creditors Against Argentina

We have posted on the role of class or other collective actions in international litigation, both in the U.S. and elsewhere.   The issue is also pertinent to the question we have also discussed in various contexts:  whether class or collective actions are … Continue reading

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UK High Court Upholds Freedom of Contract Over Public Policy Inavlidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract

Belmont Park Investments PTY Limited (Respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (Appellant), 2011 UKSC 38 (Trinity Term July 2011), is a decision by the UK’s Supreme Court of England and Wales that involves … Continue reading

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Florida District Court Adheres To Holding that No-Class-Action Provisions in Five Agreements’ Arbitration Provisions Are Unenforceable as Unconscionable Despite U.S. Supreme Court and Eleventh Circuit Precedent

In re Checking Account Overdraft Litigation, MDL No. 2036 (S. D. Fla. Sept. 2011), decides renewed motions to compel arbitration of nationwide class-action litigation consolidated for multidistrict litigation purposes in South Florida.  The Court denies again the motions to compel arbitration.  … Continue reading

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