Tag Archives: Personal Jurisdiction

The Perils of Trying To Confirm an Arbitral Award in the Absence of a Forum-Selection Clause; Alter Ego Liability Unavailable in an Application To Confirm Arbitral Award

Our recent blog post examined the a District Court’s treatment of a motion to dismiss international litigation for lack of personal jurisdiction and forum non conveniens in the context of contracts with a choice of forum clause.  Here we examine the District Court’s treatment of a motion to dismiss for lack of personal and subject … Continue Reading

Sovereign Immunity Available, But Individual Diplomatic Immunity Unavailable; Default Judgment under ATCA Requires Willfulness, Rules Second Circuit

Swarna v. Al-Awadi, State of Kuwait, et al., No. 09-2525, 09-3615 (2d Cir. 9/24/10), involves a review by the Second Circuit Court of Appeals of interlocutory and final judgments of default and related relief under the Alien Tort Claims Act, 28 U.S.C. § 1350. The claims relate to alleged trafficking, involuntary servitude, forced labor, assault, … Continue Reading

Second Circuit Affirms Sua Sponte Rejection of Personal Jurisdiction Over Defaulting Defendant Where EFT Clearing Is Only Basis for Attachment of Property and Resulting Personal Jurisdiction

As we have addressed in our e-book International Practice: Topics and Trends, courts adjudicating international cases often look for guidance to maritime cases for purposes of seeing how that developed body of law addresses issues such as securing personal jurisdiction in international litigation.  The teaching of the recent decision by the Second Circuit Court of … Continue Reading

Exception to FSIA Creates Affirmative Claims Under Federal Law Against Non-U.S. Sovereign for Crimes Flowing from State-Sponsored Terrorism

Murphy v. Islamic Republic of Iran, 06-cv-596 (RCL) (D.D.C. 9/24/10), decided by the Chief Judge of the District Court for the District of Columbia, is a painful (the claims arise out of the Beruit bombing of Oct. 23, 1983) and painstaking analysis of the affirmative use of the state sponsored terrorism exception to the Foreign … Continue Reading

U.S. Prosecution of Same Crime Prosecuted and Punished Overseas Upheld

Our International Practice: Topics and Trends e-book discusses simultaneous or parallel proceedings in multiple sovereign jurisdictions. The recent decision in U.S. v. Gi-Hwan Jeong, 09-11127 (5th Cir. 10/22/10), demonstrates how U.S. courts deal with these types of proceedings – this one in the context of bribery prosecutions. The case demonstrates the keen need for counsel … Continue Reading

Post-Judgment Procedures for Enforcing Judgment In U.S. In International Litigation

In the most recent episode in the litigation variously referred to and here involving specifically claims by Motorola Credit Corp. against Kemal Uzan and an entity he controls, Libananco, styled Motorola Credit Corp. v. Uzan, 02 Civ. 0666 (S.D.N.Y. 9/27/10), Judge Rakoff addressed the issue whether judgments entered against the defendants could be enforced against … Continue Reading

Failure To Have Jurisdictional Hearing in District Court Eases Burden on Plaintiff To Prove Jurisdiction. Nonetheless, Personal Jurisdiction in Massachusetts Absent For Polish Bank Even With Contacts in Massachusetts

As discussed in our International Practice:  Topics and Trends e-book, the question whether personal jurisdiction over a defendant exists in an international dispute is generally but not completely governed by the same principles as govern the exercise of personal jurisdiction in domestic disputes.  The recent decision in Lechoslaw v. Bank of America (“BoA”), et al., … Continue Reading

Extraterritorial Application of Federal Act Both Congressionally Justified and Constitutional in the Case of the Torture Act (Eleventh Circuit) But Not in the Case of the Lanham Act, on the Facts (Ninth Circuit)

Prior posts discussed Morrison v. National Australia Bank (No. 08-1191), where the Court held that the federal securities laws did not apply to extraterritorial conduct in a so-called foreign cubed case (foreign plaintiffs sue foreign defendants for misconduct in connection with securities traded on foreign exchanges).  Notwithstanding the press generated by and the extensive judicial treatment of that … Continue Reading

Possible Common Law Immunity Available for Officials of Non-U.S. Governments, Even Where FSIA Immunity Unavailable; Dueling Anti-Suit Injunctions Not Reviewed

A ruling in an international litigation by the U.S. Court of Appeals for the Third Circuit, in Abi Jaoudi and Azar Trading Corp. v. CIGNA Worldwide Ins. Co., et al., 09-1297, 1298 (3d Cir. 8/20/10)(non-precedential), is the sixth ruling of a Court of Appeals this summer rejecting an FSIA defense, though this one, like one … Continue Reading

New York’s Highest Court Reaffirms New York’s Commitment To Recognizing Non-U.S. Monetary Judgments Provided Basic Fairness Applied in Non-U.S. Proceeding

International litigation frequently includes efforts in one jurisdiction to enforce final determinations of disputes obtained in another jurisdiction.  When the final determination is of an arbitration meeting relatively few formal rules, the New York Convention – a treaty to which many countries are signatories – is the standard way of seeking international enforcement.  When the … Continue Reading

Morrison not the predicted death-knell after all? New decision respects “international comity” based on a forum non conveniens dismissal in favor of Ireland.

Our post of July 16 articulated a minority view that commentators and bloggers were too being too quick in declaring that Morrison v. National Australia Bank, 130 S.Ct. 2869 (2010), would create a sea change in international litigation in the U.S. for claims under the federal securities laws.  We also pointed out (in our July … Continue Reading