@ProfBillDodge

Professor @UCDavisLaw. International law, international transactions, international dispute resolution.

Joined November 2020
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  • Following127
  • Followers291
Does the US Clean Air Act apply in Canada? @ProfBillDodge looks at a recent decision: tlblog.org/district-court-pe… @AustenParrish

District Court Permits Clean Air Act Action Against Canadian Company - Transnational Litigation Blog

The presumption against extraterritoriality is the principal tool that U.S. courts use to determine the reach of federal statutes. Last year, in Abitron Austria GmbH v. Hetronic International, Inc....

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How will/should Zoom and other videoconferencing tech affect forum non conveniens analysis? @maggiekgardner points to an interesting analysis in a recent student note: tlblog.org/zooming-out-of-fo…

Zooming Out of Forum Non Conveniens - Transnational Litigation Blog

A recently published note in the Columbia Law Review, written by Christabel Narh, draws a connection between the federal courts’ technological learning curve during the pandemic and the future of...

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The Eighth Circuit reinstated part of Missouri's Covid suit against China. What happens next? @ProfBillDodge has some thoughts: tlblog.org/further-thoughts-… #Missouri #China

Further Thoughts About Missouri’s COVID Suit Against China - Transnational Litigation Blog

As previously discussed at TLB, the Eighth Circuit recently held that the Foreign Sovereign Immunities Act (FSIA) does not shield the People’s Republic of China from suit on one of the claims that...

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Fascinating decision on SOLs, borrowing statute, and Ecuadoran law in the long running banana pesticide litigation. @zclopton has the details: tlblog.org/latest-developmen…

Latest Developments in Ecuadorian Toxic Tort Case - Transnational Litigation Blog

Sixty-five Ecuadorian banana plant workers sued Dole, Dow Chemical, and others for toxic exposure in the 60s to 80s. Was their suit too late?

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Ninth Circuit rules in Cassirer that Spanish museum can keep a painting stolen by the Nazi's. @ProfBillDodge has the details: tlblog.org/ninth-circuit-dec…

Ninth Circuit Decides Cassirer in Favor of Spain - Transnational Litigation Blog

In 2005, Claude Cassirer sued a state-owned museum in Spain to recover a painting by Camille Pissarro that the Nazis stole from his grandmother. The case went to the U.S. Supreme Court on a choice-...

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Great analysis of an important case involving international comity.
Kathleen Claussen@Claussen_K8 Jan 2024
Replying to @Claussen_K
2. FTAs: 🤔 Why are FTAs in the US courts, you ask? Well, one is, tx to a comity arg raised by Missouri companies when they were sued by Peruvian plaintiffs. They claim the US-Peru FTA means the case should be dismissed. Oral arg. is tmrw. Read 👉 ielp.worldtradelaw.net/2024/… /2

The U.S.-Peru FTA Goes to Missouri – International Economic Law and Policy Blog

It’s not every day that a trade agreement finds its way into U.S. courts – especially not as a basis to dismiss a tort claim in Missouri. Tomorrow, the U.S. Court of Appeals for the Eighth Circuit...

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2. FTAs: 🤔 Why are FTAs in the US courts, you ask? Well, one is, tx to a comity arg raised by Missouri companies when they were sued by Peruvian plaintiffs. They claim the US-Peru FTA means the case should be dismissed. Oral arg. is tmrw. Read 👉 ielp.worldtradelaw.net/2024/… /2

The U.S.-Peru FTA Goes to Missouri – International Economic Law and Policy Blog

It’s not every day that a trade agreement finds its way into U.S. courts – especially not as a basis to dismiss a tort claim in Missouri. Tomorrow, the U.S. Court of Appeals for the Eighth Circuit...

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The CISG covers billions of dollars of goods contracts. So are US courts finally becoming aware of it? John Coyle (@Tarheel_Lawprof) discusses an empirical study showing the the number of cases is actually declining: tlblog.org/new-empirical-stu…

New Empirical Study on CISG Litigation - Transnational Litigation Blog

There are a number of empirical studies about the United Nations Convention on Contracts for the International Sale of Goods (CISG). A recent intervention by Carolina Arlota and Brian McCall, When...

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In the second of two posts, @ProfBillDodge discusses three cases of the U.S. applying its law extraterritorially that violate international law. tlblog.org/how-to-criticize-…

How to Criticize U.S. Extraterritorial Jurisdiction (Part II) - Transnational Litigation Blog

[This post is based on a lecture delivered at Wuhan University School of Law on October 15, 2023] There are better and worse ways to criticize U.S. extraterritorial jurisdiction. In yesterday’s post,...

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Is it possible to challenge OFAC sanctions in US court? @andrew_coyner analyzes a recent case showing just how hard this can be: tlblog.org/court-rejects-cha… #OFAC #sanctions

Court Rejects Challenge to OFAC Blocking Order - Transnational Litigation Blog

Legal challenges to OFAC sanctions generally -- but not always -- fail.

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Interesting district court case that reads like a law school exam. @ProfBillDodge has the details: tlblog.org/federal-court-in-…

Federal Court in Nevada Allows Ethiopia Bribery Claims to Move Forward - Transnational Litigation...

In a fascinating decision, the District Court for the District of Nevada (Judge Richard Boulware) recently allowed civil RICO claims to proceed against a Nevada resident based on bribery in Ethiopia,...

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If a court in New York recognizes a judgment rendered by a foreign court, is that act of recognition entitled to full faith and credit in the other 49 states? @ProfBillDodge has some thoughts. tlblog.org/foreign-country-j…

Foreign-Country Judgments and Full Faith and Credit - Transnational Litigation Blog

Article IV, section 1 of the U.S. Constitution begins by stating: “Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State.”...

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A new, landmark law on foreign state immunity in China. @donaldcclarke @MarkZJia
Transnational Litigation Blog@TL_Blog14 Sep 2023
China has adopted the restrictive theory of foreign state immunity, allowing suits against foreign countries based on non-governmental acts. A big deal, @ProfBillDodge explains, but just the same as the US and most other countries: tlblog.org/china-adopts-rest…

China Adopts Restrictive Theory of Foreign State Immunity - Transnational Litigation Blog

On September 1, 2023, the Standing Committee of the National People’s Congress promulgated the Foreign State Immunity Law of the People’s Republic of China (FSIL) (English translation here). When the...

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Continuing our coverage of the CA2's decision in Fuld striking down the PSJVTA, @zclopton explains how Fuld is consistent with SCOTUS personal jurisdiction cases but misleading in its emphasis on margins: tlblog.org/fuld-right-for-th…

Fuld: Right for the Wrong Reason - Transnational Litigation Blog

The Second Circuit's post-Mallory decision reached the right result but risks distorting personal jurisdiction law along the way.

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On Friday, the Second Circuit found there was no personal jurisdiction over the PLO in two Antiterrorism Act cases, holding that there are limits to what Congress can define as consent. @maggiekgardner has the analysis: tlblog.org/second-circuit-re…

Second Circuit Rejects Consent-Based Jurisdiction over PLO - TLBlog.org

The Second Circuit recently held that the PSJVTA's implied consent provisions violate constitutional due process, dismissing suits brought by survivors of terrorist attacks against the PLO.

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Last Term's decision in Abitron v. Hetronic rewrote the presumption against extraterritoriality yet again. As @ProfBillDodge explains, this is not a good thing: tlblog.org/the-new-old-presu…

The New (Old) Presumption Against Extraterritoriality - Transnational Litigation Blog

The reach of U.S. law keeps changing. For decades—in fact, off and on for more than a century—U.S. courts have turned to the presumption against extraterritoriality to determine the geographic scope...

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China has adopted a new law on foreign state immunity: chinalawtranslate.com/en/for… For prior TLB coverage see tlblog.org/chinas-draft-law-… and tlblog.org/chinas-draft-law-…

Foreign State Immunity Law of the People’s Republic of China

Foreign State Immunity Law of the People’s Republic of China

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SCOTUS will address the important issue of enforceability of choice of law clauses in the Great Lakes case. John Coyle (@Tarheel_Lawprof) discusses the very different perspective presented in Respondent's brief: tlblog.org/thoughts-on-the-r…

Thoughts on the Respondent’s Brief in Great Lakes - Transnational Litigation Blog

This post discusses arguments made in the brief for the respondent in an upcoming U.S. Supreme Court case about choice-of-law clauses.

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After holding the FSIA does not apply to criminal proceedings, SCOTUS remanded to CA2 to consider common law immunity. Today, @IngridBrunk & @ProfBillDodge filed a brief arguing against deference to the executive branch: tlblog.org/wp-content/upload…
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When a mixed contract opts out of the CISG, does that mean a court should infer that it is for the sale of goods? @Tarheel_Lawprof explains why the answer is no: tlblog.org/drawing-inference… #CISG

Drawing Inferences from CISG Opt-Outs - Transnational Litigation Blog

A court should not look to CISG opt-out language in evaluating whether an agreement is a contract for goods or a contract for services.

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