Tag Archives: Subject-Matter Jurisdiction

Second Circuit Grants Forum Non Conveniens Dismissal in the Face of Non-U.S. Statute Limiting Recovery

Figueiredo Ferraz E Engenharia De Projecto Ltda v. Republic of Peru, et al., Dkt. Nos. 09-3925-cv, 10-1612-cv (2d Cir. 2011), addresses a key issue in international practice, especially attempts to enforce international arbitral awards in the context of motions to … Continue reading

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Eight Circuit Court of Appeals Affirms Dismissal under the Foreign Sovereign Immunities Act

Community Finance Group, Inc., et al. v. Republic of Kenya, et al., No. 11-1816 (8th Cir. 2011), decided an FSIA case with practical implications for international dispute resolution practitioners.  The transaction involved the purchase and release of gold from Kenya.  … Continue reading

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Tenth Circuit Addresses But then Dismisses Appeal Addressing International Child Abuction Statute

Max Joseph Leser v. Alena Berridge, No. 11-1094 (10th Cir. 2011), involved an analysis of the Hague Convention on the Civil Aspects of International Child Abduction.  In the decision below, the district court granted a petition for the return of … 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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Fourth Circuit Upholds “Derivative” Sovereign Immunity, following the D.C. Circuit

Suhail Najim Abdullah Al Shimari, et al. v. CACI Int’l, No. 09-1335 (4th Cir. 2011), addresses the issue of “derivative sovereign immunity”, which deserves another look.  According to the allegations, four Iraqi citizens were seized by the U.S. military in the … Continue reading

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State Law Claims Do Not “Necessarily” Raise Federal Question — Case Ramanded To State Court

The distribution of matters between federal and state court is a key consideration in the international practice sphere.  In re Lehman Bros. Securities and ERISA Litigation, 09 MD 2017 (S.D.N.Y. 2012) (LAK), deserves study on this issue.  The case remanded … Continue reading

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Extraterritoriality Becomes Focus of Kiobel Supreme Court; Are We Headed for Morrison II?

 We have posted on the fascinating development of the law concerning the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350.   The issues raised there are important in their own right and are at the center of many issues faced by the international litigator.  It started with the … 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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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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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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