International Civil Litigation in United States Courts
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Expanded examination of the Alien Tort Statute, including excerpts and extensive notes on the impact of Sosa and subsequent decisions on human rights litigation;
Expanded, in-depth analysis of personal jurisdiction in international cases, including excerpts and discussion of the First Circuit s important decision in Swiss American Bank case, post-Asahi cases such as Roche Holdings, a jurisdictional veil-piercing decision in Telectronics, expanded treatment of jurisdictional discovery, and a comparison of jurisdictional principles under federal law and EC Directive 44/2001;
Updated and comprehensive treatment of sovereign immunity law, including excerpts and discussions of retroactivity after Altmann, the immunity of sovereign-owned entities after Dole Foods, the D.C. Circuit s opinion concerning due process rights of foreign sovereigns in Price, further consideration of the definition of commercial activity, and the UN Draft Convention on State Immunities;
Extensive treatment of recent developments concerning forum selection clauses and forum nonconveniens principles, including the new Hague Convention on Choice of Courts Agreements, excerpts and discussions of the Second Circuit's decisions in Iragorri and Wiwa, as well as the recent Lloyds of London litigation;
Updated analysis of the doctrine of lis pendens and antisuit injunctions, including the Fifth Circuit's recent decision in Kaepa and a comparison of these doctrines under federal law and EC Directive 44/2001;
Updated discussion of legislative jurisdiction, including new developments in foreign affairs preemption after Crosby and Garamendi;
Comprehensively revised treatment of the extraterritorial application of federal antitrust and securities laws, including excerpts and an in-depth discussion of the Supreme Court's recent decision in Hoffman-LaRoche and its impact on Hartford Fire;
Expanded discussion of choice of law principles in international cases, retaining the book's unique position of combining treatment of international litigation and conflicts issues;
Updated discussion of the act of state doctrine and the foreign sovereign compulsion doctrine;
Revised discussion of the service of process in international cases, including foreign blocking statutes, post-Schlunk caselaw on the Hague Convention, the Ninth Circuit's recent examination of service by publication and email in Rio Properties and expanded treatment of service under the FSIA;
New treatment of major developments in the law of international discovery, including the impact of the Supreme Court's Intel decision on Section 1782, lower court decisions under the Hague Evidence Convention such as In re Vitamins Antitrust Litigation and expanded materials on depositions of foreign residents;
The most up-to-date examination of the recognition and enforcement of foreign judgments, including the new Hague Choice of Court Agreement, the ALI proposed federal statute, the revenue rule after Pasquantino, and a discussion of significant lower court cases involving foreign judgment enforcement including Telnikoff and the Lloyd's of London litigation;
Substantially expanded discussion of international arbitration, including validity, interpretation and enforcement of international arbitration agreements and recognition and enforcement of arbitral awards, under FAA and UNCITRAL Model Law.
Topics covered include:
Subject Matter Jurisdiction of U.S. Courts in International Disputes;
Jurisdiction of U.S. Courts over Parties to International Disputes;
Foreign Sovereign Immunity and Jurisdiction of U.S. Courts over Foreign States;
Forum non Conveniens in International Litigation;
International Forum Selection Agreements;
Parallel Proceedings: Lis Alibi Bendens and Antisuit Injunctions;
Choice of Law in International Litigation;
Act of State and Foreign Sovereign Compulsion Doctrines;
Service of U.S. Process on Foreign Persons;
Exra Territorial Discovery and Taking Evidence Abroad;
Recognition and Enforcement of Foreign Judgments;
International Commercial Arbitration and U.S. Courts: An Overview.
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|Edition||5th ed., 2011|