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. 2011).  At issue in the case was whether a Rhode Island court or a Massachusetts … Continue Reading

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 in the case is whether the federal district court correctly refused to approve a settlement … Continue Reading

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. 08-1191). We have posted many times on the rulings by the District Court’s following Morrison, … Continue Reading

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 and thus barred by the parties’ contract.  Issues relating to class or collective actions are … Continue Reading

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 due process rights of a potential criminal defendant in an international war crimes case is … Continue Reading

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 our e-book, International Practice: Topics and Trends). Airflow is a U.S. entity; Huss is German.  … Continue Reading

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 of the removal of a case from state to federal court under the Class Action … Continue Reading

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. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir. 2012), presents a … Continue Reading

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.  CFG sought to purchase gold from Kenya.  Funds were wired for the gold, the funds … Continue Reading

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 claim arising out of or related to” various contracts.  For purposes of international dispute resolution, … Continue Reading

Southern District of New York Court Confirms Arbitration Award, Reaffirming Its Reluctance to Permit Sealing of Case Records in Confirmation Proceeding

Century Indemnity Co. v. Equitas Ins. Ltd., et al., 11 Civ. 1034 (NRB) (S.D.N.Y. 2011), addresses cross-motions to confirm and vacate arbitral award.  A few of the subsidiary issues decided by the Court are important for the international litigation/dispute resolution practitioner, including: First, the Court faced a situation where it appeared that the parties were … Continue Reading

New York Bankruptcy Court Rejects Comity Based on Public Policy Exception to the Grant of Comity to Non-U.S. Orders

In re Dr. Jurgen Toft, Case No. 11-1049 (ALG) (S.D.N.Y. Bank. Ct. 2011), a typically sound and erudite decision by the Bankruptcy Court in the Southern District of New York, is something of a close-to-must read for the practioner or reader interested in international practice.  The Court addressed a case where the foreign representative, or … Continue Reading

New York Court Rejects Challenge To Arbitral Award Claiming Bias and Manifest Disregard of Law

In the Matter of the Arbitration of Certain Controversies Between Seaside Heights Ltd., et al. against RHS Ventures (GP) CA, Ltd., et al., Index No. 600899/2010 (N.Y. Sup. Ct. 2011), addresses issues facing the international dispute practitioner seeking to avoid an arbitral award under New York law.  The grounds for vacatur included 1) bias by … Continue Reading
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