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Case Summaries
Alien Tort Statute. Second Circuit affirms dismissal of Vietnamese nationals' claims against chemical companies for alleged injuries caused by Agent Orange.
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Arbitration. Arbitrability of Claim. District court dismisses Plaintiff's action which was brought against the International Chamber of Commerce to obtain a reversal of the ICC's denial of Plaintiff's request for arbitration.
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Arbitration. Enforcement of Arbitration Award. District court confirms $134 million arbitration award since the arbitration panel was not bound by a previous arbitration panel's decision.
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Federal Arbitration Act. Supreme Court holds that the parties cannot modify judicial review of an arbitration award governed exclusively by the FAA.
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Foreign Sovereign Immunities Act. Subject Matter Jurisdiction. Evidence that an entity was an "organ" of a foreign state six months prior to the date of the lawsuit's filing provides a basis for the court to order jurisdictional discovery to determine the status of the entity on the date of the lawsuit's filing.
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International Law. Subject Matter Jurisdiction. District court finds that a public international organization did not waive its immunity under the International Organizations Immunities Act by loaning money to a Mexican company to pay for previously-obtained goods.
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Personal Jurisdiction and Forum Non Conveniens. District court grants one corporate affiliate's motion to dismiss for lack of personal jurisdiction, but denies a second corporate affiliate's motion to dismiss for lack of personal jurisdiction and forum non conveniens.
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Personal Jurisdiction. Minimum Contacts. District court asserts personal jurisdiction over Chinese manufacturer of minor component in residential air conditioners.
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Personal Jurisdiction. Minimum Contacts. Federal Rule of Civil Procedure 4(k)(2). Second Circuit holds that a ship's repeated trips to the U.S. did not subject it to jurisdiction in the U.S.
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Personal Jurisdiction. Minimum Contacts. Tenth Circuit affirms the dismissal of a Swiss Corporation for lack of personal jurisdiction.
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Personal Jurisdiction. Minimum Contacts. Tenth Circuit reverses district court's dismissal for lack of personal jurisdiction over an English company under Colorado's long arm statute.
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Personal Jurisdiction. New York's long-arm statute. Second Circuit affirms dismissal for lack of personal jurisdiction over a foreign Defendant who obtained a default judgment against Plaintiff in a libel action in England.
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Recognition and Enforcement of Foreign Judgments. Supreme Court of New York finds that service upon a U.S. Defendant of documents written in French to initiate a lawsuit in France satisfied the Hague Convention.
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Section 1782. District court grants Section 1782 discovery notwithstanding declaration of foreign lawyers who claimed that the information being sought was not relevant.
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Service of Process. Fed. R. Civ. P. 4(f)(2)(C)(i) and 4(f)(2)(A). District court finds Defendant was properly served in Namibia.
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Service of Process. Service of process by mail to defendant in Japan is permitted under the Hague Service Convention.
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Stay of Enforcement of Arbitration Award. The Fifth Circuit affirms the district court's refusal to stay enforcement of a final arbitral award pending resolution of Defendant's newly-filed arbitration claims against Plaintiffs.
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