Exploring cross-border cases in U.S. courts and their relevance to business, politics, and people's lives. At + of civ pro, int'l law, IBT, & foreign affairs.
US courts rarely consider sanctions clauses in transnational insurance contracts, which makes a new Dubai decision all the more significant. Pamela Bookman and Matthew Salavitch explain:
https://t.co/Brf6sl3UO7
Can a court in New York order Argentina to turnover assets outside the US to satisfy a judgment? New York’s highest court says yes, but DOJ says no. @ProfBillDodge has the details.
https://t.co/eQ9U55Eey9
Kleptocrats shouldn't be allowed to use U.S. real estate to hide their ill-gotten gains--and "int'l comity" shouldn't be used to make claims against them effectively nonjusticiable. @pbstephan3 critiques a recent NY state court decision re: 🇰🇿:
https://t.co/zMT8bamagb
@maggiekgardner complements a SDTex order for carefully parsing service reqs of Rule 4f & the Gauge Service Convention - and for understanding the stakes of getting it right:
https://t.co/o1pQA1lnTm
tl;dr: at least make an effort to respect 🇨🇦's preferences
Choice of law clauses are common in prenuptial agreements - and enforceable. @Tarheel_Lawprof has an example involving the NHL, Finland, and attorney's fees in excess of the promised spousal support:
https://t.co/p8DVgyt6WX
What is judicial deference to the executive branch going to look like in Trump 2.0?
@ProfBillDodge explains how judges should handle that Q in immunity cases:
https://t.co/1qHLWbPapQ
Courts do not agree about discovery in aid of proceedings before the EU's Unified Patent Court. Definitely an issue to watch, as @zclopton explains
https://t.co/kw4tEh2K22
🧵Today CAL, @CivicResponse and @UG_SchoolOfLaw jointly filed a historic grievance with @ghcocobod on behalf of 30 cocoa farmers concerning its failure to adequately monitor and address issues of deforestation, illegal pesticide use, and hazardous child labor in the sector
The prohibition of annexations lies at the core of international law, but it is often misunderstood, esp its relationship to jus ad bellum, as @MonicaHakimi and I argue in a newly published article: https://t.co/S3Ng30NEPC
How much impact do foreign data protection laws have on discovery in U.S. courts? See @IngridBrunk's analysis of a recent case involving discovery against an Israeli corporation, including Hague Evid. Conv. argument.
https://t.co/X8KCTsexVT
Is the Torture Victim Protection Act constitutional? Defendant challenging a $15.5 million jury verdict for conduct in Haiti argues nope, not constitutional. William Dodge argues yes. An important case!
https://t.co/fpw2sVXBFJ
Forum selection clauses should be interpreted in the same way by state and federal courts, right? But IRL things go off track, at least in federal court in Puerto Rico. @Tarheel_Lawprof explains. And yep, there's an Erie problem. https://t.co/3b6DA0EGMl
The Montreal Convention on airline liability tried to solve the "wandering American problem." @maggiekgardner explains how US personal jurisdiction law may get in the way.
https://t.co/28jUVSo50Q