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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 , No. 09-17871 (9th Cir. Jun. 2011) (unpublished) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], addresses several common issues that arise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...

Second Circuit Finds Mid-Case Default Forfeits Defendants' Right to Appeal

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 there are solid grounds to believe personal jurisdiction...

District Court Avoids Testing Common Law Sovereign Immunity

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...

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...