Proving Foreign Law in U.S. Federal Court: Is The Use Of Foreign Legal Experts “Bad Practice”?
A panel of the United States Court of Appeals for the Seventh Circuit last week decided a fairly routine contract case—applying French law (opinion
About Charles Kotuby
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Entries by Charles Kotuby
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 (
Program on International Commercial Contracts in Ravenna
/in /by Charles KotubyThe Faculty of Law of the University of Bologna and the Center for International Legal Education (CILE) of the University of Pittsburgh School of Law have announced their Summer School program in International Commercial Contracts, which will take place on June 7-11, 2010 at the Ravenna campus of the University of Bologna. The Summer School […]
Abbott v. Abbott Argument Round-Up
/in /by Charles KotubyThe Supreme Court of the United States heard argument in Abbott v. Abbott this past week. Abbott is the rare family-law case before the Supreme Court involving an American child taken to Texas from his home in Chile by his mother, without his father’s consent. Under the 1980 Hague Convention on the Civil Aspects of […]
18th International Congress of Comparative Law: Washington D.C.
/in /by Charles KotubyOn July 25 through August 1, 2010, the 18th International Congress of Comparative Law will be held at the Ritz-Carlton Hotel in Washington D.C. Sponsored by the
The Enforceability of Forum Selection Clauses: Federal or State Law?
/in /by Charles KotubyThe Supreme Court has long-extolled a federal policy favoring liberal enforcement of forum selection clauses and has held that such clauses “should control absent a strong showing that [they] should be set aside.” Carnival Cruise Lines, Inc. v. Shute, 499 U.S. 585, 587, 591 (1991); M/S Bremen v. Zapata Off-Shore Co., 407 U.S. 1, 10, […]
Narrowing the Extraterritorial Reach of U.S. Patent Laws: Cardiac Pacemakers Inc. v. St. Jude Medical Inc.
/1 Comment/in /by Charles KotubyIn a follow-on development from a 2007 U.S. Supreme Court case that was previously discussed on
A Deepening Split Of Authority Over The Burden of Proof In The Federal Long-Arm Statute (And The Continuing Debate Over the Broad Assertion of Personal Jurisdiction Stemming From Patent Applications)
/in /by Charles KotubyThe Federal Circuit this week has taken a side in a long-running circuit split over the burden of proving the applicability of Fed. R. Civ. P. 4(k)(2), the federal long-arm statute that provides for service and personal jurisdiction for federal causes of action whenever a foreign defendant is not amenable to suit in any one […]
Petition Granted in Abbott v. Abbott
/in /by Charles KotubyThis morning, the United States Supreme Court