LexisNexis® Legal Newsroom
Pfizer Petition for Certiorari Denied by U.S. Supreme Court In Trovan Nigerian Clinical Trial Case

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 29 rejected Pfizer Inc.'s petition for a writ of certiorari involving the claims of Nigerians allegedly injured during a 1996 Trovan clinical trial in their country, allowing the claims to go to trial in the United States ( Pfizer Inc...

9th Circuit Remands Infected Eye Fluid Case After Mexican Court Rejects Jurisdiction

SAN FRANCISCO -- (Mealey's) A California federal court must reconsider if a Mexican court is a suitable alternative forum for eight Mexican nationals who went blind or lost their eyes due to contaminated eye fluid made by an American company, a split panel of the Ninth Circuit U.S. Court of Appeals...

Illinois Federal District Court Upholds ATS Claims Against Banks for Aiding and Abetting Genocide by Looting

By Louis M. Solomon Holocaust Victims of Bank Theft v. Magyar Nemzeti Bank, et al., No. 10 C 1884 (N.D. Ill. May 2011), [ enhanced version available to lexis.com subscribers ] addresses motions to dismiss filed by international banking institutions that allegedly "played a role in a wealth...

Ninth Circuit Reaffirms on Rehearing Its Rejection of District Court Dismissal on Forum Non Conveniens Grounds

By: Louis M. Solomon Carijano, et al. v. Occidental Petroleum Corp., et al. , No. 08-56187 (9th Cir. June 1, 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , is a decision on rehearing of an earlier decision on forum non conveniens...

New York Will Exercise Extraterritorial Jurisdiction over Assets Abroad To Satisfy U.S. Judgment

Assuming Requisite Personal Jurisdiction; Enforcement of Judgment Procedure Discussed JW Oilfield Equipment, LLC v. Commerzbank AG, No. 18 MS 0302 (PKC)(S.D.N.Y. Jan. 2011) [ enhanced version available to lexis.com subscribers ], makes a series of useful international litigation rulings...

BP Deepwater Horizon Derivative Suit Dismissed in Favor of English Forum

A wave of litigation followed in the wake of the April 2010 Deepwater Horizon oil spill. Among this litigation were several shareholder derivative suits filed against certain directors and officers of BP and of its U.S. subsidiary. At the time these cases first arose, I asked whether or not these...

Shareholder Derivative Lawsuit Over Deepwater Horizon Oil Spill Dismissed In Favor Of English Forum

A wave of litigation followed in the wake of the April 2010 Deepwater Horizon oil spill. Among this litigation were several shareholder derivative suits filed against certain directors and officers of BP and of its U.S. subsidiary. At the time these cases first arose, I asked whether or not these suits...

Another Court Permits “Indirect” Takings Claim To Proceed Against Non-U.S. Sovereign despite Foreign Sovereign Immunities Act

By Louis M. Solomon Victims of the Hungarian Holocaust v. Hungarian State Railways (HSR) , No. 10 C 868 (N.D. Ill. July 2011) [ enhanced version available to lexis.com subscribers ], address claims against an instrumentality of the Government of Hungary that allegedly "played a role in the...

Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration

By Louis M. Solomon Alcalde v. Carnival Cruise Lines , Case No. 10-24457-Civ-Moore/Torres (S.D. Fla. July 2011) [ enhanced version available to lexis.com subscribers ], is another in the line of recent cases struggling with the interplay between the public policy favoring arbitration of international...

Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration

By Louis M. Solomon Alcalde v. Carnival Cruise Lines , Case No. 10-24457-Civ-Moore/Torres (S.D. Fla. July 2011) [ enhanced version available to lexis.com subscribers ], is another in the line of recent cases struggling with the interplay between the public policy favoring arbitration of international...

California Workers' Comp Case Roundup (2/9/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 1 January 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...

Supreme Court Clarifies Delaware Law on Forum Non Conveniens

Martinez v. E.I. duPont de Nemours & Co., Inc. , Del. Supr., No. 669, 2012 (Feb. 20, 2014) [ an enhanced version of this opinion is available to lexis.com subscribers ]. Why One Should Care About This Decision : This Delaware Supreme Court opinion clarifies the “overwhelming hardship”...

West Virginia Supreme Court Insurance Coverage Ruling Could Apply to Asbestos Cases

By James J. A. Mulhall The West Virginia Supreme Court [ enhanced version available to lexis.com subscribers ] has held that a trial court’s decision on a forum non conveniens motion will only be overturned if there was an abuse of discretion. The recent case involved alleged occupational...

Texas Appellate Court Affirms Transocean Deepwater Horizon Derivative Suit Dismissal: An Interesting Angle on Corporate Inversion Transactions?

In a July 24, 2014 opinion ( here ), an intermediate Texas appellate court, applying Texas law, affirmed the trial court’s dismissal on forum non conveniens grounds of the Deepwater Horizon disaster-related shareholder derivative suit filed against Switzerland-domiciled Transocean Limited [an enhanced...

Delaware Court of Chancery Rejects Forum Non Conveniens Argument

Wilmington Savings Fund Society, FSB v. Caesars Entertainment Corp., C.A. No. 10004-VCG (Del. Ch., Mar. 18, 2015) [ an enhanced version of this opinion is available to lexis.com subscribers ]. This Court of Chancery decision is noteworthy for two main points that should be of interest to those engaged...