LexisNexis® Legal Newsroom
9th Circuit Denies Rehearing in Bauman v. DaimlerChrysler

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. 07-15386 (9th Cir. 18 May 2011) [ enhanced version...

Waiver of Privilege and Crime Fraud Exception at Play in International Litigation over Ecuadorian Judgment against Chevron

By Louis M. Solomon The most recent installment in the U.S. proceedings in which Chevron is trying to avoid the $8 billion judgment entered against it in an Ecuadorian court (which we have posted on many times) takes the form of a decision by a Magistrate Judge in the Southern District of New York...

Post-Arbitral Award Proceeding to Pierce Corporate Veil Correct Procedure but Fails on the Merits

By Louis M. Solomon Ahcom, Ltd. v. Hendrik Smelding, et al . , Case No. 07-1139 SC (N.D. Cal. Aug. 2011) [ enhanced version available to lexis.com subscribers ], presents two interesting issues for international litigation and dispute resolution. Nuttery Farms, Inc., a U.S. corporation, defaulted...

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award

By Louis M. Solomon Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) [ enhanced version available to lexis.com subscribers ], addresses cross-petitions to vacate and confirm an arbitral award. The case addresses several typical issues arising in such proceedings...

FSIA Immunity Found In Suit Against Germany; Neither Commercial Activity Nor Takings Exceptions Applies To Real Property Located in Germany

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. Plaintiff fought over the right to own the property...

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award

By Louis M. Solomon, Partner, Cadwalader, Wickersham & Taft LLP Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) (Free Download), addresses cross-petitions to vacate and confirm an arbitral award. The case addresses several typical issues arising in such proceedings...

Claim Alleging Derivative Possession of Good Allegedly “Taken” in Violation of International Law Still Precluded by FSIA

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 Germany for fraction of its fair value", Orkin...

Cadwalader: Pharmaceutical Manufacturer's Preemptive Suit Secures Preliminary 1st Amendment Protection for Script to Promote Off-Label Use

On August 7, 2015, the U.S. District Court for the Southern District of New York invoked the First Amendment, granting Amarin Pharma, Inc. ( Amarin ) preliminary protection against federal criminal prosecution for misbranding and allowing Amarin to promote its drug, Vascepa, for off-label use through...