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Case Summaries
Alien Tort Claims Act. Torture Victim Protection Act. District court dismissed claims under the ATCA and TVPA. State law tort claims allowed to proceed against Exxon Mobil entities.
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Anti-Terrorism Act. Defendant's motion to dismiss Plaintiffs' claims under the Anti-Terrorism Act was denied based on allegations that Defendant: (1) provided banking services to agents of terrorist organizations; (2) acted as exclusive administrator of "death and dismemberment benefit plan;" and (3) knowingly provided "material support" and financing to terrorist organizations.
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Arbitration. A district court may not compel arbitration in another district, and it may not compel arbitration in its own district if the arbitration agreement calls for arbitration outside its district.
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Arbitration. Res judciata applied to an arbitration award to bar subsequent litigation.
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Arbitration. Federal Court Jurisdiction. Insurance policy containing clause calling for arbitration in London provided basis for federal court jurisdiction notwithstanding an inconsistent state statute.
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Arbitration. Provisional Remedies. In a contract with an ambiguous choice-of-law provision, the First Circuit applied federal law in denying a request for injunctive relief in aid of arbitration.
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Arbitration. Standard of Review. First Circuit determined that the Federal Arbitration Act's judicial review provisions can be displaced only where explicit contractual language demonstrates the parties' clear intent to subject the arbitral award to a different standard of review.
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Clayton Act Service of Process. Second Circuit holds that worldwide service of process as permitted in antitrust cases by the Clayton Act is limited by the statute's venue requirements.
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Discovery. District court refused to compel depositions of Defendant's Canadian employees where Plaintiff gave notice only two weeks before close of discovery in a price-fixing class action.
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Foreign Judgments. First Amendment prevents enforcement of foreign judgment awarding damages for online display of photographs of designers' clothing.
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Foreign Sovereign Immunities Act. Wavier of sovereign immunity in underlying action constituted waiver of immunity with respect to law firm's charging lien.
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Forum Non Conveniens. Second Circuit affirmed the dismissal of an action on grounds of forum non conveniens but modified the District Court's judgment to allow plaintiffs to reinstate the action if the New Delhi High Court proved to be an inadequate alternative forum.
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Internet. Personal Jurisdiction. District Court declined to exercise jurisdiction where ownership, operation and submission of comments to a website by Canadian and out-of-state residents did not manifest an intent to target the forum state.
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Personal Jurisdiction. Foreign defendants did not consent to U.S. personal jurisdiction based on "forum selection" legislation or based on defenses raised in prior U.S. lawsuits.
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Personal Jurisdiction. Colorado Rules of Civil Procedure 12(B)(2). A trial court may not resolve disputed jurisdictional facts against the plaintiff and dismiss the plaintiff's case for lack of personal jurisdiction unless it first conducts an evidentiary hearing and makes findings.
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Section 1782. District Court rejects the extraterritorial application of 28 U.S.C. § 1782.
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Tag Jurisdiction. District court did not permit post-judgment discovery from corporation not subject to New York jurisdiction but did permit discovery from corporate officers who were served in New York.
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