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.
In cases where there are solid
grounds to believe personal jurisdiction...
Defense Remanded by the Second Circuit But Dismisses the Claims on
Personal Jurisdiction Grounds Instead
By Louis M. Solomon
Carpenter v. Republic of Chile, et al. , 07-CV-5290 (JS)(ETB)
(E.D.N.Y. June 2011) [ enhanced
version available to lexis.com subscribers ], is the remand from a Second...
In the absence of appellate
guidance, District Courts continue to apply or expand the ruling of Morrison
v. National Australia Bank Ltd. , No. 08-1191 (June 24, 2010) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], the first "foreign...