Entries by Charles Kotuby

An Early 2009 Round-Up: Significant Federal Cases Over the Past Two Months

In this round-up of significant U.S. decisions during the first two months of 2009, we’ll focus on two areas of law that generate a lot of jurisprudence at the appellate level. A. Jurisdiction for Acts Occurring Abroad Two federal statutory schemes—the first a response to the events of September 11, the second a 200 year […]

Recent Second Circuit Decision: The Courthouse Door is Temporarily Shut, Though Still Left Ajar, for Foreign Securities Plaintiffs

National Bank of Australia purchased U.S. mortgage service provider HomeSide Lending Inc. in 1998. Three years later, the bank was forced to admit that its calculations on the amount of fees HomeSide was generating from servicing mortgages were overstated. This led to the bank announcing two write-downs in 2001 totaling $2.2 billion. As a result, […]

Ghassemi v. Ghassemi: An Interesting Decision from the Louisiana Court of Appeal

This is certainly not the first case, or the last case, to discuss the inherent conflict that results when a state provides that foreign marriages should be recognized, but nonetheless bans a certain form of marriage that is permitted elsewhere. It does, however, illustrate a noteworthy approach where the two states are worlds-apart in their […]

A Divided Opinion on the Hague Abduction Convention, With Some Interesting Discussion on the Proof of Foreign Law

The Second Circuit last week issued a split-panel decision in Duran v. Beaumont, No. 06-cv-5614 (2d Cir. 2008). The case concerned a Chilean mothers’ decision to take her child to the USA and remain there, in derogation of a Chilean court order. The child’s parents—both Chilean—are recently separated, with formal custody not yet determined. However, […]