Monthly Archives: March 2012

Court Where Judgment Is Attempted To Be Enforced May But Need Not Test Personal Jurisdiction in the Judgment Entering Court

Relying on the law in international litigation, the District Court in Massachusetts addressed the issue which court was obliged to determine whether the court entering a judgment had the requisite personal jurisdiction.  Kulik v. Bronstein, MBD No. 09-10264-PBS (D. Mass. … Continue reading

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Second Circuit Stays District Court’s Refusal To Approve SEC-Citigroup Settlement

The Second Circuit’s decision in SEC v. Citigroup Global Markets Inc., Dkt No. 11-5227-cv-(Lead) (2d Cir. 2012), presents issues related to international practice only indirectly.  But the principles are of significance and so will undoubtedly affect international practice.  At issue … Continue reading

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Second Circuit Clarifies Morrison’s Holding Concerning What Is a U.S. Transaction, Overturning a District Court’s Approach Followed by Many Lower Courts

Absolute Activist Value Master Fund Ltd. v. Ficeto, et al., Dkt. No. 11-0221-cv (2d Cir. 2012), presents one of the few Court of Appeals’ analyzes of the reach of the Supreme Court’s extraterritorial decision in Morrison v. National Australia Bank (No. … Continue reading

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Court Enjoins Arbitration of Even Individual Claim Based on No-Class-Action Provision of Parties’ Contract

AT&T Mobility LLC v. Sandra Smith,  Civil Action No. 11-cv-5157 (E.D. Pa. 2011), considers the question whether a claim in arbitration by an individual was arbitrable as an individual claim or rather whether it was in effect a collective action … Continue reading

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U.S. Court Orders Extradition of Alleged War Criminal After According Due Process

In the Matter of the Extradition of Rasema Handanovic, 3:11-mc-9097-ST (D. Ore. 2011), presents several noteworthy aspects of the international practice issues that arise in an international extradition proceeding.  In particular, the extent to which a U.S. court will protect the … Continue reading

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Court Denies Forum Non Conveniens Dismissal Despite Suggestion of Non-Enforceability in Non-U.S. Forum

Airflow Catalyst Systems, Inc. v. Huss Technologies GmbH, Case no. 11-CV-6012 (W.D.N.Y. 2011), presents an interesting application of the judge-made rulesof forum non conveniens.  The topic is an ever-present one in international litigation (see our discussion of forum non conveniens in … Continue reading

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Second Circuit Remands CAFA-Removed Class Action to State Court

In another recent Court of Appeals decision addressing important issues in class or collective actions, Blackrock Financial Management Inc. et al. v. The Segregated Account of Ambac Assurance Corp., Dkt Nos. 11-5309-cv(L) (2d Cir. 2012), the Court addressed the issue … Continue reading

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Seventh Circuit Approves Both “Untimely” Interlocutory Appeal and Issue-Specific Class Certification

Class or collective actions form an increasingly important of international practice.  In the pursuit and evolution of that practice, as we have posted before, tribunals elsewhere follow the development of  U.S. class action law and practice. George McReynolds, et al. … Continue reading

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Claims Against Kenya Disimssed on Foreign Sovereign Immunity Grounds

Community Finance Group, Inc., et al. (CFG) v. Republic of Kenya, et al., Civil No. 10-838 (DSD/JJG) (D. Minn. 2011), presents an issue in international litigation that arises when a U.S. person or entity does business with a non-U.S. sovereign.  … Continue reading

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Court Lists Manifest Disregard as a Standard To Seek Vacatur of an International Arbitral Award, though the Court Affirms the Award Nonetheless

L’Object, LLC v. Samy D. Limited, et al., 11 Civ. 3856 (LBS)(S.D.N.Y. 2011), is another in the series of arbitral award challenges recently analyzed by the courts.  Nearly identical arbitration clauses required the arbitration in New York of “[a]ny controversy or … Continue reading

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