Monthly Archives: May 2011

District of D.C. Decision, Denying Plaintiffs’ a Cause of Action Against Iran Under Specific Congressional Enactment of FSIA Exception, Awaiting Decision by the D.C. Circuit

Roeder v. Islamic Republic of Iran, Civ. Action No. 08-487 (D.D.C. 2010), on appeal, Dkt. No. 10-5355 (D.C.Cir), was argued earlier this month and is awaiting decision by the District of Columbia Court of Appeals. As explained by the District Court, the case now on appeal is the latest in a long series of “attempts … Continue Reading

Third Circuit Rejects Chevron’s Broad Section 1782 Disclosure Request: Public Disclosure of Nonprivileged Communications Cannot Waive Privilege for Privileged Communications

The most recent installment of the U.S. proceedings involving Chevron Corp., the $8.646 billion judgment against it for environmental damage rendered in Ecuador, and Chevron’s efforts to stay or avoid that judgment by proceedings here in the U.S. takes us again to the Third Circuit, In re Application of Chevron Corp., Nos. 10-4699, 11-1099 (3d … Continue Reading

Fifth Circuit Grants and Then Withdraws Mandamus, But New York Convention Removal By Non-Defendant Still Improper

The Fifth Circuit’s decisions in In re Chrystal Power Co. Ltd, No. 11-40115 (5th Cir. 21 March 2011), on rehearing (16 May 2011), address whether mandamus lies for a District Court order erroneously permitting removal of a case to federal court under the New York Convention, as codified in 9 U.S.C. secs. 201, et seq. Crystal … Continue Reading

Ninth Circuit Find Personal Jurisdiction Over DamilerChrysler AG under the ATS; Upholds “Agency” Rather than Alter-Ego Jurisdiction

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 forces to kidnap, detain, torture, and kill plaintiffs and/or their family members during Argentina’s “Dirty … Continue Reading

New York’s Highest Court, Answering a Question Certified by the Second Circuit, Decides that New York’s Longarm Statute Gives Personal Jurisdiction in New York Over The Uploading of Materials to the Internet Outside of New York

New York’s Highest Court, its Court of Appeals, rendered an important decision for international practice in Penguin Group (USA) Inc. v. American Buddha (N.Y. 24 Mar. 2011).  The decision answered a question certified to it by the United States Court of Appeals for the Second Circuit, namely whether New York’s long arm statute reached conduct … Continue Reading

Canada Rebuffed In Effort To Dismiss Claims Against It on Forum Non Conveniens Grounds

Cruise Connections v. Attorney General of Canada, Civil Action No. 08-2054 (D.D.C.  15 Feb. 2011), is the decision on remand from the D.C. Circuit Court of Appeals, 600 F.3d 661 (D.C. Cir. 2010). The D.C. Circuit opinion had ruled the District Court had jurisdiction over Canada by reason of the commercial activity exception to the … Continue Reading

Eleventh Circuit Affirms Dismissal of Even U.S. Plaintiff on Forum Non Conveniens Grounds, Treating All Plaintiffs Alike

Tazoe, et al. v. Airbus SAS, et al., Dkt. No. 09, 14860 (11th Cir. 1 Feb. 2011), presents the often-raised issue of how multiple plaintiffs in the same or related cases should be treated in the context of forum non conveniens analyses.  At issue in the suit are claims arising from the TAM Linhas Aereas Flight … Continue Reading

New York’s First Department Makes New Law In New York By Permitting Pre-Arbitration Award Attachment Despite No Subject Matter or Personal Jurisdiction

Sojitz Corp. v. Prithvi Info Solutions Ltd., 602511/09, 3841 (First Dep’t 3/10/11), is a decision from New York’s intermediate appellate court.  It addresses a matter of first impression in New York, which is one of importance to the development of the law and practice in international litigation:  Whether a creditor may lawfully and constitutionally attach assets … Continue Reading

Seventh Circuit Joins Third Circuit in Reversing Refusal of District Courts To Permit Discovery Under Section 1782; Possibly Splits With the Second Circuit

We previously discussed the Third Circuit’s decision taking the rare step of reversing on abuse of discretion grounds the District Court’s refusal to permit discoveryunder 28 U.S.C. sec. 1782 and permitting Heraeus Kulzer GBbH discovery.  A related case, recently decided by the Seventh Circuit, Applications of Heraeus Kulzer, GMbH for Orders Compelling Discovery for use in … Continue Reading

The Principal-Agency Conundrum For Securing U.S. Jurisdiction (Part IV)

Bernardus Henricus Funnekotter, et al. v. Republic of Zimbabwe, 09 Civ. 8168 (S.D.N.Y. 2/10/11), sought to modify a judgment so that it would run against certain alleged instrumentalities of the government of the Republic of Zimbabwe. The District Court denied the request with leave to renew once service was properly effected.  The example is the … Continue Reading

Second Circuit Affirms Instrumentality FSIA Exemption: The Principal-Agency Conundrum For Securing U.S. Jurisdiction (Part III)

Servaas Inc. v. Republic of Iraq, No. 10-828-cv (2d Cir. 2/10/11) (unpublished), deserves to be considered in light of the District Court decisions discussed in our two most recent postings, Parts I and II concerning the principal-agency challenges to laying jurisdiction in U.S. courts.   One of the District Court opinions was decided shortly before, and one decided shortly … Continue Reading

Claim Against Argentine Instrumentality Dismissed: The Principal-Agency Conundrum For Securing U.S. Jurisdiction (Part II)

NML Capital v Rep of Argentina, 09 Civ. 7013 (S.D.N.Y. 2/15/11), represents another effort by a creditor owed money by Argentina attempting to recover its judgment against funds in the hands of Argentine entities other than the Republic of Argentina itself. Here the entity is called Energla Argentina SA, or ENARSA. The grounds for the … Continue Reading

Claims Against Austrian Instrumentality Dismissed Under FSIA: The Principal-Agency Conundrum For Securing U.S. Jurisdiction (Part I)

Sachs v. Republic of Austria, et al., No. C 08-1840 (N.C. Cal. Jan. 2011), involves claims against Austria and OBB Personenverkehr AB (OBB) arising from the plaintiff’s severe personal bodily injuries caused when plaintiff fell on train tracks in Innsbruck, Austria. In the court’s decision, OBB is treated as a state entity or instrumentality subject to … Continue Reading