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About Charles Kotuby
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Entries by Charles Kotuby
New Hague Abduction Convention Case before the United States Supreme Court
/in /by Charles KotubyThe Supreme Court on Monday added one new case to its docket for the new Term. Chafin v. Chafin (docket 11-1347) concerns whether an appeal in a Hague Abduction Convention case becomes moot if the child involved has returned to his or her home country. As reported at
International Arbitration Law Review, Vol. 14, Issue 5
/1 Comment/in /by Charles KotubyThe latest issue of the
Goodyear and McIntyre: General and Specific Personal Jurisdiction Addressed by the U.S. Supreme Court
/2 Comments/in /by Charles KotubyOn Monday, the United States Supreme Court issued its first decisions on personal jurisdiction since 1990. In Goodyear Dunlop Tires Operations v. Brown, the Court unanimously held that there was no general jurisdiction over a non-U.S. subsidiary in North Carolina based only on the subsidiary’s products being sold in the state. In
New Alien Tort Statute Case At The United States Supreme Court: Kiobel, et al., v Royal Dutch Petroleum Petition Filed
/in /by Charles KotubyIn Kiobel, et al., v Royal Dutch Petroleum, et al., lawyers for 12 individuals seeking to hold major oil companies legally responsible for human rights abuses in Nigeria in the 1990s have asked the Supreme Court to overturn a federal appeals court’s ruling that corporations are immune to such claims in U.S. courts. The law […]
Morrison Scorecard: One Year In Review
/in /by Charles KotubyIt has been nearly a year since the United States Supreme Court issued its decision in Morrision v. National Australia Bank Ltd., 561 U.S. __ (June 24, 2010), pulling back the extraterritorial effect of Section 10(b) of the Securities and Exchange Act of 1934. The Court in Morrison commanded that “when a statute gives no […]
Proving Foreign Law in U.S. Federal Court: Is The Use Of Foreign Legal Experts “Bad Practice”?
/2 Comments/in /by Charles KotubyA panel of the United States Court of Appeals for the Seventh Circuit last week decided a fairly routine contract case—applying French law (opinion
Abbott v. Abbott: A Ne Exeat Right is a “Right of Custody” Under the Hague Abduction Convention
/in /by Charles KotubyIn a 6-3 decision announced yesterday morning, the United States Supreme Court reversed the decision of the United States Court of Appeals for the Fifth Circuit, and held that a ne exeat right—which typically allows a non-custodial parent to resist a child’s move out of his country of habitual residence—constitutes a right of custody under […]
Pending Cases at the U.S. Supreme Court
/in /by Charles KotubyAs the current term of the United States Supreme Court winds-down, two decisions remain outstanding that are of some interest to the readers of this site. The first pending case is Abbott v. Abbott, which was argued in January. As previewed at length on this site (