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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...

Ninth Circuit Refuses to Permit Case Involving Peppercorns and Trochus Buttons Proceed Against the Sovereign State of Pohnpei

By Louis M. Solomon AHPW, Inc., et al. v. State of Pohnpei, et al. , No. 09-17871 (9th Cir. Jun. 2011) (unpublished) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], addresses several common issues that arise in the context of international...

D.C. Circuit Majority Holds That, There Being No New Cause of Action Created by Alien Tort Statute

By: Louis M. Solomon No Claim Exists Against U.S. Officials Individually, Whereas, Says the Dissent, a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct Akran Mohammed Ali, et al. v. Rumsfeld, et al. , No. 07-5178 (D.C.Cir. June 2011) [ enhanced version available...

Court Dismisses Both “Foreign Cubed” as Well as “Foreign Squared” Securities Claims Based on Morrison

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...

D.C. Circuit Majority: No New Cause Of Action Created By Alien Tort Statute, So No Claim Exists Against U.S. Officials Individually

Dissent Says a Cause of Action in the U.S. Would Exist Against Non-U.S. Officials for the Same Conduct By: Louis M. Solomon Akran Mohammed Ali, et al. v. Rumsfeld, et al. , No. 07-5178 (D.C. Cir. June 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from...

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...

Supreme Court Agrees To Resolve Deep Circuit Split and Decide If Alien Tort Statute Permits Actions against Corporations

By Louis M. Solomon We have followed the development of federal Circuit law on whether the Alien Tort Statute, 28 U.S.C. § 1350, and specifically the Torture Victim Protection Act, 28 U.S.C. § 1350 note § 2(a), create rights of action against corporations. The Supreme Court has agreed...

Lost Profits Cannot Be Recovered for Use of an Infringing Article Abroad

United States patent law contains a presumption against “extraterritoriality,” which means that patents generally do not cover activity that occurs outside of the U.S. Congress has provided some exceptions. For example, 35 U.S.C. § 271(f) creates infringement liability for the exportation...