Symeonides: Choice of Law for Products Liability
Symeon C. Symeonides, Dean of the College of Law at Willamette University, has just last week posted
About Charles Kotuby
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Entries by Charles Kotuby
A Divided Opinion on the Hague Abduction Convention, With Some Interesting Discussion on the Proof of Foreign Law
/in /by Charles KotubyThe 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, […]
A Legislative Solution For Cross-Border Defamation Claims
/4 Comments/in /by Charles KotubyThe State of New York, and—recently—the United States Congress—are presently considering enacting laws that would give American authors legal recourse when they are sued abroad for defamation over literary works that would otherwise fall within the broad protections of the First Amendment to the United States Constitution. In New York, both the Assembly and its […]
Interesting Case at the Confluence of Choice of Law, Comity and the Hague Abduction Convention
/in /by Charles Kotuby“At the heart of this sad case, which raises questions of international and federal law under the Hague [Abduction] Convention, is a custody battle over a young girl who has not seen either of her parents in years.” That was the lead-in from Judge Jordan to the recent decision by a three-judge panel of the […]
Interesting Conflicts Decision from the Sixth Circuit: COGSA or Hague-Visby?
/2 Comments/in /by Charles KotubyThe Sixth Circuit Court of Appeals recently issued an interesting conflicts decision on the competing applicability of COGSA rules or Hague-Visby Rules. According to Judge Karen Nelson Moore, writing for the panel: This case requires us to consider whether COGSA or the Hague-Visby Rules or both apply as a matter of law to the ocean […]
Comity at the Court: Three Recent Orders Seeking the View of the Solicitor General
/in /by Charles KotubyIf the Justices are considering whether to grant a petition for certiorari, and they think the case raises issues on which the views of the federal government might be relevant—but the government is not a party—they will order a CVSG brief. “CVSG” means “Call for the Views of the Solicitor General.” This “invitation” is naturally […]
The Long-Arm of the USPTO: A Significant Decision (and a Significant Dissent) from the Fourth Circuit
/in /by Charles KotubyWhen panel issues a 16-page decision, and Judge James Harvie Wilkinson III writes a 20-page dissent, people seem to take notice. In Rosenruist-Gestao E servicos LDA v. Virgin Enterprises Ltd., No. 06-1588 (4th Cir., December 27, 2007), Judge Wilkinson sharply derided his colleagues in holding that: “a foreign company that has no United States employees, […]
November 2007 Round-Up: Focus on Anti-Suit Injunctions, The Hague Convention on the Civil Aspects of International Child Abduction, and Foreign Relations Implications of Private Lawsuits
/in /by Charles KotubySignificant issues of private international received notable attention in the federal courts over this past month. We’ll begin with an issue that has long-tortured consensus in federal courts: anti-suit injunctions. Over three years ago, Judge Selya outlined a split of circuit authority over the “legal standards to be employed in determining whether the power to […]
October 2007 Round-Up: International Tort Claims, “Forum Non” Dismissals and Punitive Damages
/in /by Charles KotubyThis installment of significant developments will focus on salient issues that have been the subject of frequent, past posts on this website. First, the United States Court of Appeals for the Second Circuit decided a compendium of Alien Tort Claim cases that raise an interesting question at the intersection of domestic and international law: that […]
Proskauer on International Litigation and Arbitration: A Review
/in /by Charles KotubyProskauer Rose LLP has just announced the release of its new E-Guide: “Proskauer on International Litigation and Arbitration: Managing, Resolving and Avoiding Cross-Border Business and Regulatory Disputes.” It is a welcome compendium of information for all sorts of practitioners – both litigation-centered and transactional – and brings together a wide array of topics under the […]