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2016-2019 Cumulative Supplement To Donald Earl Childress Iii, Michael D. Ramsey & Christopher A. Whytock, Transnational Law And Practice (2015), Donald Earl Childress Iii, Michael D. Ramsey, Christopher A. Whytock Jul 2019

2016-2019 Cumulative Supplement To Donald Earl Childress Iii, Michael D. Ramsey & Christopher A. Whytock, Transnational Law And Practice (2015), Donald Earl Childress Iii, Michael D. Ramsey, Christopher A. Whytock

Faculty Scholarship

This is the Fall 2019 Cumulative Supplement for Donald Earl Childress III, Michael D. Ramsey & Christopher Whytock, Transnational Law and Practice (2015). Highlights include excerpts of the Supreme Court’s decisions in RJR Nabisco Inc. v. European Community and WesternGeco LLC v. ION Geophysical Corporation, involving extraterritorial application of the RICO Act and the Patent Act; new developments regarding Alien Tort Statute litigation including the Supreme Court’s decision in Jesner v. Arab Bank PLC, involving corporate liability for international human rights violations; new Supreme Court and appellate court decisions in the areas of personal jurisdiction, including Bristol-Meyers Squibb Company v. Superior Court of California; discussion of pending litigation at the International Court of Justice; references to new Restatements issued by the American Law Institute; discussion of new Supreme Court and lower court developments in the law of foreign sovereign immunity ...


The Judgment Enforceability Factor In Forum Non Conveniens Analysis, Tarik Hansen, Christopher A. Whytock Jan 2016

The Judgment Enforceability Factor In Forum Non Conveniens Analysis, Tarik Hansen, Christopher A. Whytock

Faculty Scholarship

The forum non conveniens doctrine gives courts the discretion to dismiss a lawsuit on the ground that a court in a foreign country is more appropriate and convenient for adjudicating the parties’ dispute, and the Supreme Court has provided a list of private and public interest factors to guide this discretion. One of the private interest factors, however, remains poorly understood: the enforceability of a judgment if one is obtained. As a result, the judgment enforceability factor is often neglected by judges and lawyers. When it is applied, it tends to be applied inconsistently or in a conclusory manner.

This ...


Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner Jan 2012

Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner

Akron Law Publications

The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.

In this paper – presented at the symposium Our Courts ...


International Civil Litigation In U.S. Courts: Becoming A Paper Tiger?, Stephen B. Burbank Jan 2012

International Civil Litigation In U.S. Courts: Becoming A Paper Tiger?, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.


Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson Jan 2011

Forum Non Conveniens And Enforcement Of Foreign Judgments, Christopher A. Whytock, Cassandra Burke Robertson

Faculty Publications

When citizens of Ecuador sued Texaco, Inc. in a U.S. court seeking damages for oil contamination in the Amazon, Texaco successfully moved to dismiss the suit in favor of Ecuador based on the forum non conveniens doctrine, arguing – as that doctrine requires – that Ecuador was an adequate alternative forum and more appropriate than the United States for hearing the suit. The plaintiffs then refiled the suit in Ecuador, and a court there entered a multi-billion dollar judgment against Chevron Corporation, which had merged with Texaco. Chevron now argues that the Ecuadorian legal system suffers from deficiencies that should render ...


Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi Jan 2001

Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

Faculty Scholarship at Penn Law

No abstract provided.


Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi Jan 2001

Fundamental Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Rolf Sturner, Michele Taruffo, Anthony Gidi

Faculty Scholarship at Penn Law

No abstract provided.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.