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.
Joined January 2022
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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:
tlblog.org/dubai-court-weigh…
When can a court enjoin enforcement of a foreign judgment? Hannah Buxbaum discusses her new paper with @MichaelsRalf
tlblog.org/new-essay-on-anti…
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.
tlblog.org/doj-argues-agains…
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: 🇰🇿:
tlblog.org/comity-and-klepto…
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:
tlblog.org/prenuptial-agreem…
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:
tlblog.org/what-deference-to…
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
tlblog.org/issue-to-watch-se…
X has a new forum selection clause! Guess what fora it selects? @Tarheel_Lawprof has thoughts. tlblog.org/twitter-has-a-new…
Transnational Litigation Blog retweeted
🧵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
More on Halkbank! Who speaks for the Executive on foreign sovereign immunity?
tlblog.org/halkbank-and-the-…
🇨🇺 Big Helms-Burton decision from the 11th Circuit!
tlblog.org/eleventh-circuit-…
Transnational Litigation Blog retweeted
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: cambridge.org/core/journals/…
Big news from the Second Circuit! The court follows up on #SCOTUS's decision in Halkbank.
tlblog.org/second-circuit-ho…
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.
tlblog.org/israeli-data-prot…
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!
tlblog.org/constitutionality…
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. tlblog.org/puerto-rico-law-7…
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.
tlblog.org/personal-jurisdic…
Conventional wisdom says the CISG precludes application of the parol evidence rule. @ProfBillDodge questions that assumption:
tlblog.org/parol-evidence-an…
Cases about Gaza have been filed not just at the ICJ but also in domestic courts. @WuerthIngrid has the details. tlblog.org/u-s-and-foreign-l…
Congress largely immunized website providers via Sec. 230, but it also tried to protect victims of child sex trafficking thru extraterritorial reach of the TVPRA. @ProfBillDodge on how to hold foreign websites accountable for child pornography in the US:
tlblog.org/applying-the-tvpr…
