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District Court Dismisses Claim by U.S. Citizen Against the U.S. Arising on Non-U.S. Soil On Sovereign Immunity Grounds

Cottonham v. United States Embassy, Bankok, Thailand, No. C-11-3131 (N.D. Cal. 2011), is almost a more brief decision than this posting, but the issue is one worth consideration for those in international practice. Plaintiff Cottonham alleged that when he went to the U.S. Embassy in Bangkok, Thailand to obtain more pages for his passport, his … Continue Reading

Southern District of New York Refuses To Permit Electronic Funds Transfers To Be Attached To Satisfy Judgment Against North Korea

Calderon-Cardona, et al. v. JP Morgan Chase Bank, N.A., et al., 11 Civ. 3283 (S.D.N.Y. 2011)(DLC), presents an extended discussion of the requirements, and pitfalls, of a judgment-creditor’s efforts to collect on a judgment.  We posted on the earlier decision on liability in the case, which was decided by the District of Puerto Rico federal court. The … Continue Reading

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 Iraq war zone and detained by the military in Iraq.   They allege that, while detained, … Continue Reading

District Court in Chevron Case Exonerates Prelminary Injuction Bond

The District Court in the long-running international litigation involving Chevron exonerated (meaning vacated it) the preliminary injunction bond filed in connection with the preliminary injunction entered by the District Court but then reversed by the Second Circuit.  We have posted on this litigation many times (e.g., here). The decision addresses several issues of interest to … Continue Reading

Court Directs One Party To Arbitrate But Not Another, Finding that “Doing Business As” Is Not a Recognized Means of Compelling Non-Signatory To Arbitrate

In this interesting treatment of the issue of compelling a non-party to arbitrate, In the Matter of the Arbitration Between: Sunskar LTD. v. CDII Trading, Inc., et al., 11 Civ. 2499 (S.D.N.Y. 2011)(DLC), provides a good synopsis of the law and practice of the federal courts on compelling non-signatories to arbitrate.  The issue arises with … Continue Reading

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. 25, 1980), entitles a person whose child has been wrongfully removed to the U.S. in violation … Continue Reading

Ninth Circuit Affirms Dismissal of Class Action; Federal Preemption and “Implausible” Claims

MIRKO CARREA, on behalf of himself and those similarly situated v. DREYER’S GRAND ICE CREAM, INC., No. 11-15263 (9th Cir. 2012), is a recent decision from the Ninth Circuit affirming a dismissal of a putative class action for failure to state a claim for cognizable relief.  This blog has reported on class or collective action … Continue Reading

Second Circuit Affirms Right to Claim Against A Non-U.S. Sovereign under the Noncommercial Tort Exception to the FSIA Despite the Inapplicability of the FSIA’s “Terrorism” Exception

Doe v. Usama Bin Laden, Islamic Emirate of Afghanistan, Dkt. No. 09-4958-cv (2d Cir. 2011), addresses the issue whether civil tort claims against Afghanistan could be asserted under the noncommercial tort exception to the Foreign Sovereign Immunities Act.  The issue is important to more than the highly technical aspects of FSIA jurisprudence and implicates statutory … Continue Reading

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 to state court claims asserted against Lehman by the People of the State of New … Continue Reading

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 Second Circuit’s decision in Kiobel, et al. v. Royal Dutch Petroleum Co., et al., 06-4800-cv, … Continue Reading

Non-U.S. Sovereign Entitled to FSIA Immunity on Attachment of Assets Post-Judgment

Aurelius Capital Partners LP, et al. v. The Republic of Argentina, presents the important international practice issue of how and when can assets of a non-U.S. sovereign be attached to satisfy a monetary judgment.  Aurelius owns beneficial interest in defaulted bonds issued by the Republic of Argentina.  The Court granted ex parte orders of attachment.  One … Continue Reading

Court Where Judgment Is Attempted To Be Enforced May But Need Not Test Personal Jurisdiction in the Judgment Entering Court

Relying on the law in international litigation, the District Court in Massachusetts addressed the issue which court was obliged to determine whether the court entering a judgment had the requisite personal jurisdiction.  Kulik v. Bronstein, MBD No. 09-10264-PBS (D. Mass. 2011).  At issue in the case was whether a Rhode Island court or a Massachusetts … Continue Reading

Second Circuit Stays District Court’s Refusal To Approve SEC-Citigroup Settlement

The Second Circuit’s decision in SEC v. Citigroup Global Markets Inc., Dkt No. 11-5227-cv-(Lead) (2d Cir. 2012), presents issues related to international practice only indirectly.  But the principles are of significance and so will undoubtedly affect international practice.  At issue in the case is whether the federal district court correctly refused to approve a settlement … Continue Reading

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. 08-1191). We have posted many times on the rulings by the District Court’s following Morrison, … Continue Reading

Court Enjoins Arbitration of Even Individual Claim Based on No-Class-Action Provision of Parties’ Contract

AT&T Mobility LLC v. Sandra Smith,  Civil Action No. 11-cv-5157 (E.D. Pa. 2011), considers the question whether a claim in arbitration by an individual was arbitrable as an individual claim or rather whether it was in effect a collective action and thus barred by the parties’ contract.  Issues relating to class or collective actions are … Continue Reading

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 due process rights of a potential criminal defendant in an international war crimes case is … Continue Reading

Court Denies Forum Non Conveniens Dismissal Despite Suggestion of Non-Enforceability in Non-U.S. Forum

Airflow Catalyst Systems, Inc. v. Huss Technologies GmbH, Case no. 11-CV-6012 (W.D.N.Y. 2011), presents an interesting application of the judge-made rulesof forum non conveniens.  The topic is an ever-present one in international litigation (see our discussion of forum non conveniens in our e-book, International Practice: Topics and Trends). Airflow is a U.S. entity; Huss is German.  … Continue Reading

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 of the removal of a case from state to federal court under the Class Action … Continue Reading

Seventh Circuit Approves Both “Untimely” Interlocutory Appeal and Issue-Specific Class Certification

Class or collective actions form an increasingly important of international practice.  In the pursuit and evolution of that practice, as we have posted before, tribunals elsewhere follow the development of  U.S. class action law and practice. George McReynolds, et al. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639 (7th Cir. 2012), presents a … Continue Reading

Claims Against Kenya Disimssed on Foreign Sovereign Immunity Grounds

Community Finance Group, Inc., et al. (CFG) v. Republic of Kenya, et al., Civil No. 10-838 (DSD/JJG) (D. Minn. 2011), presents an issue in international litigation that arises when a U.S. person or entity does business with a non-U.S. sovereign.  CFG sought to purchase gold from Kenya.  Funds were wired for the gold, the funds … Continue Reading

Court Lists Manifest Disregard as a Standard To Seek Vacatur of an International Arbitral Award, though the Court Affirms the Award Nonetheless

L’Object, LLC v. Samy D. Limited, et al., 11 Civ. 3856 (LBS)(S.D.N.Y. 2011), is another in the series of arbitral award challenges recently analyzed by the courts.  Nearly identical arbitration clauses required the arbitration in New York of “[a]ny controversy or claim arising out of or related to” various contracts.  For purposes of international dispute resolution, … Continue Reading

Southern District of New York Court Confirms Arbitration Award, Reaffirming Its Reluctance to Permit Sealing of Case Records in Confirmation Proceeding

Century Indemnity Co. v. Equitas Ins. Ltd., et al., 11 Civ. 1034 (NRB) (S.D.N.Y. 2011), addresses cross-motions to confirm and vacate arbitral award.  A few of the subsidiary issues decided by the Court are important for the international litigation/dispute resolution practitioner, including: First, the Court faced a situation where it appeared that the parties were … Continue Reading

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 reader interested in international practice.  The Court addressed a case where the foreign representative, or … Continue Reading

New York Court Rejects Challenge To Arbitral Award Claiming Bias and Manifest Disregard of Law

In the Matter of the Arbitration of Certain Controversies Between Seaside Heights Ltd., et al. against RHS Ventures (GP) CA, Ltd., et al., Index No. 600899/2010 (N.Y. Sup. Ct. 2011), addresses issues facing the international dispute practitioner seeking to avoid an arbitral award under New York law.  The grounds for vacatur included 1) bias by … Continue Reading
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