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Brief Of Professor Stephen E. Sachs As Amicus Curiae, Bnsf Railway Co. V. Tyrrell, Stephen E. Sachs
Brief Of Professor Stephen E. Sachs As Amicus Curiae, Bnsf Railway Co. V. Tyrrell, Stephen E. Sachs
Faculty Scholarship
[This brief was filed in support of the petitioner in No. 16-405 (U.S., cert. granted Jan. 13, 2017).]
BNSF Railway Co. should win this case, but on statutory grounds alone. BNSF makes three arguments:
1) That Daimler AG v. Bauman forbids Montana’s exercise of general personal jurisdiction here;
2) That Congress has not sought to license the state’s exercise of jurisdiction; and
3) That such a license would be void under the Fourteenth Amendment.
BNSF’s first two arguments are fully persuasive and decide the case. As a result, the Court should decline to reach the third argument. Not only is …
The Continuing Evolution Of U.S. Judgments Recognition Law, Ronald A. Brand
The Continuing Evolution Of U.S. Judgments Recognition Law, Ronald A. Brand
Articles
The substantive law of judgments recognition in the United States has evolved from federal common law, found in a seminal Supreme Court opinion, to primary reliance on state law in both state and federal courts. While state law often is found in a local version of a uniform act, this has not brought about true uniformity, and significant discrepancies exist among the states. These discrepancies in judgments recognition law, combined with a common policy on the circulation of internal judgments under the United States Constitution’s Full Faith and Credit Clause, have created opportunities for forum shopping and litigation strategies that …