LexisNexis® Legal Newsroom
U.S. Supreme Court Raises the Bar For State Tax Cases in Federal Court

LEGAL ALERT June 4, 2010 On June 1, 2010, the U.S. Supreme Court issued its decision in Levin v. Commerce Energy, Inc. , 2010 U.S. LEXIS 4380 (2010) holding that the doctrine of comity precludes federal courts, independently from the Tax Injunction Act (TIA), from considering a taxpayer...

Class Action Raising Predominantly Non-U.S. Law Claims Dismissed on the Basis of Comity

By Louis M. Solomon Toyota Motor Corp. Securities Litigation , cv 10-922 DSF (AJWx) (C.D. Cal. July 2011) [ enhanced version available to lexis.com subscribers ], addressed claims asserted both under the Private Securities Litigation Reform Act and under Japanese law arising out of Toyota's...

Toyota Securities Class Action’s Japanese Law Claims Dismissed On The Basis Of Comity

By Louis M. Solomon Toyota Motor Corp. Securities Litigation , cv 10-922 DSF (AJWx) (C.D. Cal. July 2011) [ enhanced version available to lexis.com subscribers ], addressed claims asserted both under the Private Securities Litigation Reform Act and under Japanese law arising out of Toyota's recall...

Second Circuit Reestablishes Attachments against Argentina

By: Louis M. Solomon Capital Ventures International (CVI) v. Republic of Argentina , Dkt. Nos. 10-4520-cv (Lead) (2d Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], is, by the Court's own count, roughly the...

S.D.N.Y. Upholds Discovery of Non-U.S. Bank Branches, but Only after Hague Convention Procedures Are Utilized

By: Louis M. Solomon Tiffany (NJ) LLC, et al. v. QI Andrew, et al. , 10 Civ. 9471 (S.D.N.Y. July 2011)(Mag. J. Peck) [ enhanced version available to lexis.com subscribers ], addresses international discovery issues and can serve as a refresher of several of the areas that arise frequently in international...

You Can Call Me 'Dot Com' for Short…

Petitioner, a reputed marijuana advocate, operates a medical marijuana dispensary that he claims is lawful under the Compassionate Use Act of 1996. Petitioner also operates a Web site, NJweedman.com, which discusses his efforts to legalize marijuana. Petitioner filed an application to legally change...

UK High Court Upholds Freedom of Contract Over Public Policy Invalidation of “Anti-deprivation” Clauses in Standard Credit Default Swap Contract

By Louis M. Solomon Belmont Park Investments PTY Limited (Respondent) v. BNY Corporate Trustee Services Limited and Lehman Brothers Special Financing Inc (Appellant) , 2011 UKSC 38 (Trinity Term July 2011), is a decision by the UK's Supreme Court of England and Wales that involves two important...

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...

Second Circuit Vacates Preliminary Injunction Entered In Favor Of Chevron against Ecuador Judgment, Staying Portion of District Court Case

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 Agrio plaintiffs (indigenous peoples in the Amazonian...

Cartel Defendants Not Entitled To Rely on “Foreign Sovereign Compulsion” Defense to Antitrust Liability, Despite Official Statement that Conduct Was Compelled

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 sovereign compulsion" (FSC) and...

Spanish War Ship Sunk Since 1804, and Its Cargo, Immune from Suit in U.S. Under FSIA

By Louis M. Solomon Odessey Marine Exploration, Inc. v. The Unidentified Shipwrecked Vessel, et al. , No. 10-10269 (11th Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], offers a glimpse into the fascinating world...