Monthly Archives: May 2012

Federal Court of Appeals Affirms Dismissal of State Law Claim of Fraud By Combination of State Substantive Law Requirements and Federal Procedural Pleading Requirements

Stephenson v. PricewaterhouseCoopers (PWC), 11-1204-cv (2d Cir. 2012) (Summary Order), addresses the viability of claims against Canadian-organized PWC for fraud and negligence arising from PWC’s unqualified audit reports attensting to the accuracy of one of the “feeder funds” into Bernard Madoff … Continue reading

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Bankruptcy Court Refuses To Stay International Litigation Against Non-Debtor Subsidiaries Despite Express Statutory Language Giving It the Power, but Not the Obligation, To Do So

In re Vitro, S.A.B de C.V v. ACP Master, Ltd., et al., Case No. 11-33335-HDH-15 (N.D. Tex. 2011), is a decision by a bankruptcy court but contains discussion of the issue often arising in contentious international litigation:  attempts to enjoin … Continue reading

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Third Circuit Affirms Use of General Venue Provision for International Crime Committed in Part In and Out of the U.S., Joining in the Circuit Split

U.S. v. Pendleton, No. 10-1818 (3d Cir. 2011), addresses in the criminal law context the issue of venue in an international matter.  The defendant was convicted of a crime in Germany, where all the criminal acts occurred.  He served 19 … Continue reading

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Ninth Circuit Finds Carmack Amendment Precludes Arbitration Provisions

The Ninth Circuit’s decision in Smallwood v. Allied Van Lines, et al., No. 09-56714 (9th Cir. 2011), discusses the important interplay between federal law and private contracts containing arbitration clauses.  The topic arises frequently in international litigation. The plaintiff hired … Continue reading

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District Court in Chevron v Donziger Upholds Many Claims, Including RICO Claim Against U.S. Lawyer, Despite Thus-far Valid Non-U.S. Judgment

Chevron Corp. v Steven Donziger, et al., 11 Civ. 0691 (LAK) (S.D.N.Y. 2012), is the District Court’s most recent order in the array of cases concerning the multibillion judgment enetered against Chevron in Ecuador.  We have posted on the matter, … Continue reading

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Court Refuses Challenge to FINRA Rule Barring Waivers of Class Actions, Ruling that Plaintiffs Must Exhaust Administrative Remedies

Charles Schwab & Co. v. Financial Industry Regulatory Authority, Inc., No. C-12-518 EDL (N.D. Cal. 2012), provides a new analysis in the growing body of law addressing the circumstances under which waivers of class action in arbitration provisions are valid.   … Continue reading

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Eleventh Circuit Reiterates and Applies Strict Rules for the Exercise of District Court Discretion in Deciding Forum Non Conveniens Motions

Steven Prophet v. International Lifestyles, Inc., No. 11-12046 (11th Cir. 2011), is a Court of Appeals articulation of an important issue in international litigation.  The issue arises in many contexts where district courts are given discretion.  In this case the underlying … Continue reading

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Second Circuit, in Matter of First Impression in that Circuit, Holds that non-U.S. Production or Use Does Not Trigger “First Sale Doctrine” Contained in the Copyright Act

In reporting on Omega S.A. v. Costco Wholesale Corp., 541 F.3d 982 (9th Cir. 2008), aff’d by an evenly divided Court, Costco Wholesale Corp v. Omega, S.A., 131 S.Ct. 565 (2010) — a Ninth Circuit decision affirmed by the U.S. … Continue reading

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Extraterritorial Jurisdiction Found Absent Under the Lanham Act for Trademark Infringement

Gucci America, Inc. v. Guess?, Inc., 09 Civ. 4373 (S.D.N.Y. 2011)(SAS)(JLC), discusses the growing issue in international litigation of the “extraterritorial” application of federal laws, in this case the Lanham Act’s prohibition of trademark infringement/false advertising.  Gucci sued Guess? for trademark infringement … Continue reading

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Another Court Follows Broad Interpretation of “Relating to” Jurisdiction Sufficient to Invoke the New York Convention

Ariel Freaner v. Enrique Martin Lutteroth Valle, Case No. 11CV1819 JLS (MDD) (S.D. Cal. 2011), involves the removal of a case to federal court and the court’s decision to maintain federal jurisdiction, and not remane, under the New York Convention.  … Continue reading

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