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Case Summaries
Alien Tort Statute. Vienna Convention. Second Circuit Rejects Argument that Article 36 of Vienna Convention Creates Individual Rights.
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Arbitration. Appellate Jurisdiction. Second Circuit dismisses appeal of district court's interlocutory order for lack of appellate jurisdiction.
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Choice of Law. Court applies Swiss substantive law and New York procedural law in dispute involving the ownership of an Egon Schiele drawing.
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Confirmation of Arbitral Awards. District Court holds that domestic courts engage in the same inquiry when considering a motion to dismiss a petition to vacate and a motion to confirm an arbitral award; therefore, courts may construe, even sua sponte, opposition to a petition to vacate as a motion to confirm.
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Enforceability of International Court of Justice Decision. Supremacy Clause. Supreme Court holds that an International Court of Justice decision rendered pursuant to the Vienna Convention on Consular Relations and its Optional Protocol is not directly enforceable as domestic law in U.S. state courts, and that a memorandum of the President supporting the decision similarly does not bind U.S. state courts.
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Federal Arbitration Act. Equitable Estoppel. Interlocutory Appeals. Appellate Jurisdiction. Appellate court holds it has jurisdiction over interlocutory appeal taken from order denying request to compel international arbitration, and that signatory to arbitration agreement is equitably estopped from resisting a non- signatory's motion to compel arbitration.
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Federal Arbitration Act. Scope of "Arbitration." Stay Pending Arbitration. Eleventh Circuit holds that "mediation" is not arbitration within the Federal Arbitration Act.
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Forum non conveniens. District Court of Kansas denies U.S. aircraft manufacturer's motion for forum non conveniens-based dismissal of Canadian residents' claims arising from aircraft crash in Canada.
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Forum selection and forum non conveniens. District Court grants Defendants' motion to dismiss on forum non conveniens grounds, in favor of Germany.
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Forum Selection Clause. New York district court finds that forum selection clause was properly invoked by a successor corporation to dismiss claims of tortious interference and unjust enrichment.
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Interpleader. Sovereign Immunity. Fed. R. Civ. P. 19(b). Supreme Court holds that Federal Rules of Civil Procedure 19(a) and (b) require dismissal of an interpleader action involving a foreign country that has successfully claimed sovereign immunity.
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Judgments. Orders in Satisfaction of Judgment. To satisfy New York state court judgment, court permits turnover of foreign judgment debtor's stock certificates, bank accounts and other personal property located outside of New York.
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Personal Jurisdiction. General Jurisdiction. Action against Canadian Defendants dismissed for lack of personal jurisdiction where Plaintiffs could not show Defendants' substantial, continuous, or systematic contacts with the forum.
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Service of Process. Court dismisses foreign defendant for Plaintiff's improper and untimely service.
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Sherman Act. Clayton Act. Robinson-Patman Act. Racketeer Influenced and Corrupt Organizations Act. Federal District Court Dismisses Complaint for Lack of Subject Matter Jurisdiction and Antitrust Standing.
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