Tag Archives: Comity

Fourth Circuit Weighs in on Circuit Split Concerning Whether State Insurance Statutes “Reverse Preempt” Arbitration Provisions in International Agreements

ESAB Group, Inc. v. Zurich Ins. PLC, et al., No. 11-1243 (4th Cir. 2012), recently weighed in on a matter that has split the Circuits and has given pause to international contract draftsmen and international dispute resolution practitioners:  to what … Continue reading

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Seventh Circuit En Banc Affirms Denial of Motion To Dismiss Direct Purchase Antitrust Claims Against Potash Cartel Members: Foreign Trade Antitrust Improvements Act Clarified

Minn-Chem, Inc., et al. v. Agrium Inc., et al., No. 10-1712 (7th Cir. 2012) (en banc), is a decision of all the active sitting Judges of the United States Court of Appeals for the Seventh Circuit.  The Court addresses two … Continue reading

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New York Court Enforces Non-U.S. Judgment Under Uniform Money Judgment Act Without Analysis of Personal Jurisdiction Over the Defendant; Rejects Forum Non Conveniens Dismissal

Abu Dhabi Commercial Bank PJSC v. Saad Trading, Contracting & Financial Services Co., 652191/11 (Sup. Ct. N. Y. Cty. 2012), granted summary judgment in lieu of complaint — a streamlined and expeditious remedy — to domesticate and enforce a judgment … 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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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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Seventh Circuit Addresses International Custody Dispute Under International Convention

Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues.  The Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670 (Oct. … Continue reading

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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 … Continue reading

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Post-Morrison, State Law Rather Than Federal Supports Claims By Non-U.S. Investors for Alleged Securities Fraud

We have been following the law’s development since the U.S. Supreme Court’s decision in the U.S. Supreme Court’s decision in Morrison v. National Australia Bank (No. 08-1191).  Morrison held that Section 10(b) of the Securities Exchange Act of 1934 did … Continue reading

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Second Circuit Explains Its Decision Reversing the Grant of Injunction To Enforce $18 Billion Award Against Chevron

Chevron Corp. v. Hugo Gerardo Camacho Naranjo, et al., No. 11-1150-cv(L), is the Second Circuit’s decision explaining its ruling ealier in 2011 to reverse the District Court’s grant of a preliminary injunction precluding any enforcement activities of an $18 billion … Continue reading

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Ninth Circuit Denies Rehearing in Bauman v. DaimlerChrysler, Finding Personal Jurisdiction by Imputation and Watering Down “Agency” Test for Finding Jurisdiction, Say Eight Circuit Judges Who Would Grant Rehearing En Banc

Bauman, et al. v. DaimlerChrysler, et al., No. 07-15386 (9th Cir. 18 May 2011), involves claims by 22 Argentinian residents against DaimlerChrysler Aktiengesellschaft (DCAG) and its Argentinian subsidiary alleging that Mercedes Benz (owned by DaimlerChrysler) collaborated with Argentine state security … Continue reading

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