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Case Summaries
Antisuit Injunction. Forum Selection Clause. District court grants motion to enjoin suit in Costa Rica.
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Antitrust. Standing. Supplemental Jurisdiction. Court holds that Plaintiffs lack standing to bring claims under European Union law, where none of the plaintiffs are from the European Union, and declines to exercise supplemental jurisdiction when all claims granting original jurisdiction have been dismissed.
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Antitrust. Subject Matter Jurisdiction. Standing. "Ripple effects" of competitor's foreign conduct on the U.S. market not the type of direct causation contemplated by the Foreign Trade Antitrust Improvements Act of 1982.
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Arbitration. Anti-suit Injunctions. Southern District of New York refuses to enjoin Chilean company from asserting claims in Chilean court concurrently with arbitration in New York.
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Attorney-client Privilege. Where no privilege was provided by Swiss law, district court held that conversations between Plaintiffs and their Swiss patent agents and Swiss in-house counsel were discoverable.
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Attorneys' Fees. District court holds that English Rule applies where contracts contain English choice of law provision.
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Conflict of Laws. Tort. Seventh Circuit affirms dismissal of complaint by Illinois resident for injury in Bahamas, holding that Bahamian law applied to the dispositive issue in the case.
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Diversity Jurisdiction. Forum Non Conveniens. Seventh Circuit holds that, for diversity purposes, a U.S. permanent resident is a dual citizen of both his home state and his country of actual citizenship and suggests that a plaintiff's choice of forum is not entitled to the usual deference where the parties all trade worldwide.
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Foreign Sovereign Immunities Act. Eleventh Circuit reverses district court and holds that the failure to pay a monetary reward for information falls within the commercial activity exception of the FSIA.
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Forum Non Conveniens. Southern District of New York denies motion to dismiss for forum non conveniens where Defendant's primary defense was one of U.S. corporate law.
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Hague Evidence Convention. Discovery of documents located in France could be compelled from a non-party pursuant to the Federal Rules of Civil Procedure, and resort to the Hague Evidence Convention was not necessary.
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Hague Service Convention. Court grants in part and denies in part a third-party plaintiff's motion for appointment of agent for service of process abroad.
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Patents. District court properly asserted jurisdiction in preliminarily enjoining the import of certain lens fitted film packages, since action was not one to contest the International Trade Commission's denial of an importer's challenge to a general exclusion order, in which case only the Court of International Trade would have had exclusive jurisdiction.
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Personal Jurisdiction. District court dismisses complaint against foreign corporations where Defendants did not have sufficient contacts with New York or control subsidiaries present in New York.
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Personal Jurisdiction. Res Judicata. Collateral Estoppel. Selection of Suit Clause. Wisconsin district court reverses previous finding of personal jurisdiction over English reinsurer.
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Section 1782. District court grants Section 1782 application for discovery in aid of foreign arbitration.
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Subject Matter Jurisdiction. Foreign purchaser of American Depository Shares traded in the U.S. exposed itself to subject matter jurisdiction by filing documents required under Section 13(d) of the U.S. Securities Exchange Act of 1934.
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Treaties. U.N. Convention Against Torture was not self-executing and did not create a private cause of action for domestic plaintiff.
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United Nations Convention on Contracts for the International Sale of Goods ("CISG"). Eleventh Circuit affirms decision that, under the CISG, the definition given to a contractual term through the parties' course of dealing trumps a general usage in the trade.
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