Tag Archives: Federal Common Law

Ninth Circuit Affirms Arbitral Award Over Public Policy Ojection; Affirms Jurisdiction To Award Post-Award, Prejudgment Interest and Attorneys’ Fees

The Ministry of Defense and Support for the Armed Forces of the Islamic Republic of Iran v. Cubic Defense Systems, Inc., No. 99-56380, 56444 (9th Cir. 2011), decided two issues of note in the context of international practice and dispute … Continue reading

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Arbitration Award Upheld by Second Circuit — Manifest Disregard Challenge Available — Sort Of

Goldman Sachs Execution & Clearing, L.P., et al. v. The Official Unsecured Creditors’ Committee of Bayou Group, L.P., et al., 10-5049-cv (lead) (2d Cir. 2012) (summary order), provides a summary of several important legal principles governing international dispute resolution. Goldman Sachs … Continue reading

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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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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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Court Upholds Counterclaim Against the U.S. on Political Question Grounds — Only To Dismiss It for Failure to Exhaust Administrative Procedures and for Failure To State A Claim

U.S. v. Kellogg Brown & Root Services, Inc., 10-cv-530 (RCL) (D.D.C. 2012), presents the interesting case whether a defendant in an international litigation can or should counterclaim litigation, in this case against the U.S. government.  The U.S. sued KBR for over … Continue reading

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Court of Appeals’s Short But Definitive Ruling: Successive Removal Petitions Fail Notwithstanding Silent Statute

In a short and unpublished opinion, the Eleventh Circuit, per curiam, decided Watson v. Carnival Corp., No. 10-15411 (Aug. 2011).  The important international practice lesson to be learned from the decision relates to a federal common law limitation placed on … Continue reading

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D.C. Circuit Majority Holds That, There Being No New Cause of Action Created by Alient Tort Statue, No Claim Exists Against U.S. Officials Individually, Whereas, Says the Dissent, a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct

Akran Mohammed Ali, et al. v. Rumsfeld, et al., No. 07-5178 (D.C.Cir. June 2011) (consol), is the appeal of an action by non-U.S. residents or citizens captured, held, and allegedly tortured by U.S. milatary personnel.  This decision affirms the District Court’s … Continue reading

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D.C. Circuit Upholds Dismissal of Claims Against Iran Precluded by the Algiers Accords; Circuit Now Silently Divided on Whether Section 1605A Does or Does Not Create Private Right of Action

Roeder, et al. v. Islamic Republic of Iran and the U.S., No. 10-5355 (D.C. Cir. July 2011), affirms the conclusion of the District Court.  We earlier posted on the District Court decision in this case.  It held that even the 2008 … Continue reading

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Applying Federal Common Law, Court Finds Matter Should Be Arbitrated; Simultaneously Upholds Forum Selection Clause

Farrell v. Subway Int’l, 11 Civ. 08 (S.D.N.Y. Mar. 2011), is a decision on a motion to stay arbitration and simultaneous invalidation of a negotiated forum selection clause. Farrell is a citizen of Ireland and operates three Subway franchises in … Continue reading

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On Remand from Supreme Court, Second Circuit Adheres To View that Waiver of Class Action Treatment in Antitrust Arbitration Is Invalid

Last year, in the antitrust litigation brought by merchants against American Express (Amex), the Second Circuit Court of Appeals decided that (1) the question of the enforceability of the class action waiver provision was properly decided by the court rather … Continue reading

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