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Full-Text Articles in Law
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Morrison, The Effects Test, And The Presumption Against Extraterritoriality: A Reply To Professor Dodge, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Articles by Maurer Faculty
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of another country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings - and the waste inherent in such duplication - becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents.
The federal courts, however, do not yet have a coherent response to the problem. They apply …
Comity And Foreign Parallel Proceedings: A Reply To Black And Swan. Lloyd’S Underwriters V. Cominco Ltd., Austen L. Parrish
Comity And Foreign Parallel Proceedings: A Reply To Black And Swan. Lloyd’S Underwriters V. Cominco Ltd., Austen L. Parrish
Articles by Maurer Faculty
Lloyd's Underwriters v. Cominco Ltd., is a potentially seminal case, currently pending before the Supreme Court of Canada. The case involves the issue of whether Canadian courts should stay litigation in the face of duplicative foreign proceedings. This reply responds to Vaughan Black's and John Swan's comment on the Lloyd's case, which was published in volume 46 of the Canadian Business Law Journal.
The reply argues that although Black and Swan have important insights into judgment enforcement when competing, inconsistent decisions exist, their analysis too readily skips over the first-to-file rule and underestimates the costs of reactive litigation. Canadian courts …