Search

The article discusses the Fifth Circuit which held that the U.S. District Court for the Southern District of Texas' grant of summary judgment on the Alien Tort Statute and Trafficking Victims Protection Reauthorization Act claims in favor of defendant Kellogg Brown Root was proper and that the district court did not abuse its discretion in dismissing the common law claims by refusing to equitably toll plaintiff Gurung's state law tort claims.

The article discusses the court case Sergeeva v. Tripleton International Ltd., where Russian citizen Appellee Anna Sergeeva unsuccessfully sought discovery to locate assets of ex-husband Mikhail Leopoldovich Dubin. It mentions the ruiling of the U.S. Court of Appeals for the Eleventh Circuit, that affirmed the stance of the District Court in all respects.

The article presents the Second Circuit review on the applicability of the Securities Exchange Act of 1934 to purchases or sale of foreign listed securities. The plaintiffs with more than 30 hedge funds alleged that Porsche AG concealed the plan to acquire the stocks of Volkswagen AG which could decline in value. The Circuit Court affirms the dismissal of the complaints and remands the case to the district court for further proceedings.

The article discusses a court case in which cargo operator D'Amico Dry Ltd. seeks to enforce an English court's judgment on a forward freight agreement (FFA) with Primera Maritime in the U.S. District Court for southern New York. The statute gives the federal district court exclusive jurisdiction to hear civil case of admiralty or maritime jurisdiction. The judgment allows the enforcement of a foreign judgment in the federal admiralty jurisdiction under the U.S. maritime law.

The article discusses the court case UBS AG v. HSH Nordbank AG, which the case revolves on breach of contract, fraud and negligent misrepresentation in the U.S. It notes that the defendant filed the appeal that turns to construction of jurisdiction clauses, which primarily touch the issue of the English jurisdiction clause. However, the court of appeal in Civil Division affirmed the ruling of lower court that rejects the English court application.

The article discusses the U.S. Supreme Court case Kirtsaeng, DBA Bluechristine99 v. John Wiley & Sons Inc. regarding unauthorized importation of textbook copy. It states that John Wiley & Sons Inc. sued Kirtsaeng for copyright infringement on September 8, 2008 at the U.S. District Court of the Southern District of New York. It says that the U.S. Supreme Court affirmed for Second Circuit's judgment regarding Kirtsaeng's unauthorized importation of foreign-made textbooks.

The article discusses the court case Serra v. Lappin, wherein the issue surrounds on the violation of articles 7 and 9 of the International Covenant on Civil and Political Rights in the U.S. The plaintiffs federal prisoners claim that Federal Prison Industries only give 19 to 145 dollar per month. However, district court dismiss the case and affirms by the Court of Appeals Ninth Circuit holding that domestic prisoners have no judicially enforceable right to be paid.

The article discusses a court case Cassirer v. Kingdom of Spain, wherein the plaintiff Claude Cassirer filed a lawsuit in California federal court after unsuccessfully regained the painting of his grandmother. It notes that the paintings are displayed at the Museum of the Thyssen-Bornemisza Collection Foundation (Foundation) in Madrid. In this regard, district court denied the challenges to personal jurisdiction.

The article discusses the U.S. District of Columbia Circuit's Court of Appeals case Galvin v. U.S., 859 F. 3d 71 wherein, lawsuit dealing with the Federal Tort Claims Act (FTCA) is filed by the State Department officer Kathey-Lee Galvin against the department. The defendants have also appealed dismissal of their action in the districts court. The court examined the regulation and attempted to find a solution that balances the judgement.

The article discusses the case Vera v. Republic of Cuba in which the Second Circuit reverses the District Court’s order citing lack of subject matter jurisdiction to enter judgment against Cuba under the Foreign Sovereign Immunities Act and quashes information subpoena served on bank. It states that Aldo Vera Jr. ("Vera") has filed a case because of the extra judicial killing of his father in 1976 in Cuba

The article discusses the Ninth Circuit which upholds the district court decision that the high-ranking officials in the administration of President George W. Bush (defendants) are entitled to immunity under the Westfall Act. It states that the plaintiff Sundus Shaker Saleh did not exhaust her administrative remedies against the U.S. wherein the district court properly dismissed the case for lack of subject matter jurisdiction.

The article focuses on the move of the Ninth Circuit to examine the district court's application of the Alien Tort Statute (ATS) to a foreign firm for crimes committed outside the U.S. The Circuit reviews a case arising out of the operations of Rio Tinto PLC mining groups in Papua New Guinea and the uprising that happened against Rio Tinto in the late 1980's that resulted in the use of military force. The Court analyzes the charge of genocide under the ATS

The article discusses the case of Mohammedou Ould Salahi, accused by the U.S. for being associated with the al-Qaida terrorist group. It states that Salahi filed a habeas corpus petition that was granted by the District Court for the District of Columbia since it concludes that Salahi was an al-Qaida sympathizer but not an active part of the al-Qaida. It notes that the U.S. Court of Appeals for the District of Columbia vacates the judgment and remands the court to resolve factual questions.

The article discusses a court case wherein Timothy Abbott filed a petition in the district court of Texas to recognize his ne exeat right granted by Chilean court under the Hague Convention on the Civil Aspects of International Child Abduction. The district court denied his request and asserted that his right does not represent a right of custody to his minor child. However, the U.S. Supreme Court reversed the district court's decision and stated that his right is conferred under the convention.

The article discusses a court case wherein the plaintiff, Emmanuel Lazaridis, challenged the jurisdiction of the Delaware Family Court (DFC) in registering the French custody order. The DFC denied his claims on res judicata grounds. The U.S. Court of Appeals for the Third Circuit affirmed the lower court's decision. Further, the Court ruled that the district courts must abstain from exercising jurisdiction over a claim where a resolution of that same claim is still pending in another court.

The article discusses a court case Saleh v. Titan Corp., wherein the plaintiff filed Alien Tort Claims Act and the Racketeer Influenced and Corrupt Organizations Act violations against the defendants in the U.S. It states that the plaintiffs complaints that the defendants abused detainees at Abu Ghraib military prison using military contractors. In this regard, the district court gave the Titan the summary judgment and affirmed by the Court of Appeals for the District of Columbia Circuit.

The article discusses a court case wherein the U.S. Court of Appeals for the Ninth Circuit reverses the District Court's decision on the abduction of a minor child by his father, taking him to the country from Greece. The District Court granted the petition filed by the mother to a California federal court under the Hague Convention on the Civil Aspects of International Child Abduction because of comity to a Greek court's decision. The Ninth Circuit calls for further proceedings of the case.