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2005 International Law Update, Volume 11, Number 9 (September)
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Browse the articles in this issue.
- CHILD ABDUCTION
Third Circuit reverses District Court’s denial of father’s petition for return of child from U.S. to Australia under child abduction convention based on father’s lack of consent to child’s permanent change of residence
- CHILD ABDUCTION
In proceeding to enforce Texas damages judgment against mother who abducted child to Russia, English Court of Appeal (Civil Division) reverses dismissal for lack of jurisdiction over defendant since she had taken part in the divorce proceedings where decree had ordered child’s retention in Hague Convention nation though plaintiff had sought damages under Texas family law rather than contempt of decree
- JURISDICTION
Ontario Court of Appeal rules that libel suit by recent provincial resident against U.S. newspaper and reporters lacks “real and substantial” connection to Ontario required for assumption of jurisdiction
- PATENTS
In patent dispute between two major corporations, as matter of first impression, Federal Circuit finds that foreign-replicated copies of U.S. software are “supplied” abroad and hence may constitute infringement within the meaning of U. S. patent laws
- REVENUE RULE
After remand from U. S. Supreme Court, Second Circuit reinstates its earlier opinion that common law “revenue rule” barred civil action by European Community and several Member States against tobacco companies for their alleged support of cigarette smuggling to avoid local taxation
- SERVICE OF PROCESS
In Seventh Circuit, Court rules that Civil Rule 4(m) which requires perfection of service within 120 days from filing of suit does not apply to service outside United States
- TERRORISM
Fourth Circuit upholds military detention of U.S. citizen allegedly involved in terrorist organization since Joint Resolution by Congress has given U.S. President authority to do so
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