International Law

Recent Posts

Second Circuit Vacates Preliminary Injunction Entered In Favor Of Chevron against Ecuador Judgment, Staying Portion of District Court Case
Posted on 26 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon We have written on District Judge Kaplan's decision earlier this year - a 127-page decision preliminary enjoining enforcement, anywhere in the world, of an Ecuadorian judgment totaling $8.646 billion obtained by Lago ... Read More

New York Will Exercise Extraterritorial Jurisdiction over Assets Abroad To Satisfy U.S. Judgment
Posted on 16 Sep 2011 by Cadwalader OneWorld International Practice

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... Read More

Claim Alleging Derivative Possession of Good Allegedly “Taken” in Violation of International Law Still Precluded by FSIA
Posted on 14 Dec 2011 by Cadwalader OneWorld International Practice

by Louis M. Solomon We discuss briefly the final installment (in the District Court) of the attempt to recover possession of a Van Gogh drawing allegedly sold away from the plaintiff's great-grandmother "under duress during the Nazi era in... Read More

Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal
Posted on 9 Aug 2011 by Cadwalader OneWorld International Practice

Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal from Rulings That Statute Creates a Cause of Action and that Personal Jurisdiction Was Present; Remands for Reconsideration of Remedy By Louis M. Solomon In cases where... Read More

Personal Jurisdiction Exists Only Where Venue Proper; Claim Against Bank of China Severed and Transferred To S.D.N.Y.
Posted on 31 Aug 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Wultz v. Islamic Republic of Iran , 08-cv-1460 (RCL) (D.D.C. Jan. 2011) [ enhanced version available to lexis.com subscribers ], is the opinion on reconsideration of an earlier decision, which we posted on because of its rulings... Read More

Third Circuit Affirms Class Certification, Cautioning Against the Need for Mini Trials
Posted on 21 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration. How a plaintiff manages around... Read More

Ninth Circuit Vacates Class Certification Based in Part on Wal-Mart
Posted on 21 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Shirley "Rae" Ellis, et al v. Costco Wholesale Corp., No. 07-15838 (9th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ] , presents... Read More

Court Permits Non-Sovereign to Invoke Sovereign Immunity Defense of Absent, Defaulting Non-U.S. Sovereign
Posted on 2 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon First Investment Corp of the Marshall Islands v. Fujian Mawei Shipbuilding, Ltd. et al. , Civil Action No. 09-3663 (E.D. La. June 2011) [ enhanced version available to lexis.com subscribers ], addresses the interesting international... Read More

Having Granted Section 1782 Discovery Request Ex Parte, Court Now Concludes that Intervenors Asserting Objections…
Posted on 15 Aug 2011 by Cadwalader OneWorld International Practice

...Must, But Do Not; Satisfy the Heightened Rule 60(b) Standards for Vacating the Discovery Order By: Louis M. Solomon In re Application of Dr. Alfonso Henrique Alves Braga, in his capacity as Judicial Administrator of Petroforte Brasilerio... Read More

Non-U.S. Liquidation Proceeding Recognized by U.S. Court; Public Policy Bar Rejected
Posted on 29 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon In re: Fairfield Sentry Limited, et al., 10 Civ. 7311 (S.D.N.Y. Sept. 2011) [ enhanced version available to lexis.com subscribers ], is an appeal to the District Court of a ruling by the Bankruptcy Court that recognized the liquidation... Read More

FSIA Immunity Found In Suit Against Germany; Neither Commercial Activity Nor Takings Exceptions Applies To Real Property Located in Germany
Posted on 28 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Hammerstein v. The Federal Republic of Germany , 09-CV-443 (ARR)(RLM) (E.D.N.Y. Aug. 2011) [ enhanced version available to lexis.com subscribers ], dismisses for want of subject matter jurisdiction claims asserted against Germany... Read More

9th Circuit Denies Rehearing in Bauman v. DaimlerChrysler
Posted on 21 Nov 2011 by Cadwalader OneWorld International Practice

Finding Personal Jurisdiction by Imputation and Watering Down "Agency" Test for Finding Jurisdiction, Say 8th Circuit Judges Who Would Grant Rehearing En Banc By Louis M. Solomon Bauman, et al. v. DaimlerChrysler, et al., No... Read More

Released Claims Against Non-U.S. Sovereign Not Revived By Subsequent Expansion of Plaintiff’s Statutory Rights
Posted on 31 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon We have recently been focused on how international law firms can offer more than just litigation help to clients - that is, how corporate lawyers and drafters of contracts can avoid or at least ameliorate some of the problems... Read More

Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause
Posted on 2 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon The recent decision by the Ninth Circuit in Cape Flattery Limited (Cape) v. Titan Maritime, LLC, et al. (Titan) , No. 09-15682 (9th Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available... Read More

Cartel Defendants Not Entitled To Rely on “Foreign Sovereign Compulsion” Defense to Antitrust Liability, Despite Official Statement that Conduct Was Compelled
Posted on 10 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon In re Vitamin C Antitrust Litigation, 06-MD-1738 (BMC)(JO) (E.D.N.Y. Sept. 2011) [ enhanced version available to lexis.com subscribers ], addresses on summary judgment the Vitamin C cartel's arguments over the so-called "foreign... Read More