Browse the archives

Browse the articles in this issue.

• CHILD ABDUCTION
  New Zealand Court of Appeal denies U.S. father’s petition under Hague Abduction Convention to have child returned to his former habitual residence in Illinois since child had lived long enough away from Illinois to have lost his habitual residence there and to have acquired new habitual residence in New Zealand
• CHOICE OF LAW
  In response to motions by administrators of financially challenged makers of asbestos products, English Chancery Court provides preliminary guidance on whether U.S. or English law, in either common or statutory regimes may apply to asbestos injury claims against U. K. companies which arose in U.S.
• FOREIGN COMMERCE CLAUSE
  As matter of first impression, Ninth Circuit determines that Congress’ exercise of power under the Foreign Commerce Clause supports criminal jurisdiction over U.S. citizen’s commercial pedophilia in Cambodia
• HUMAN RIGHTS
  In lawsuit against former Haitian military officer for alleged torture and other torts, Eleventh Circuit finds that equitable tolling applies to T.V.P.A. and A.T.C.A. claims, and that onus of proof that Haitian remedies were available to plaintiffs and that they had failed to exhaust them rests on defendant
• INTERNATIONAL TRADE
  Eighth Circuit affirms district court ruling that 1916 Antidumping Act does not require showing of predatory intent in civil action which alleges that defendants were dumping foreign products on U.S. market at below market prices with intent to injure or destroy U.S. industry
• JURISDICTION (PERSONAL)
  Ninth Circuit decides that smoker may sue R. J. Reynolds Tobacco Company, based in North Carolina, in Washington state for its alleged part in worldwide conspiracy to deny addictive and harmful effects of smoking over defendant’s objections based on lack of personal jurisdiction and forum non conveniens
• PUBLIC HEALTH
  In dismissing appeal from judgment of Court of First Instance, European Court of Justice rules that lower court did not properly evaluate inaction of EC Commission with respect to issuing guidelines on veterinary use of progesterone for other than therapeutic or zootechnical purposes but that lapses did not give rise to European Union’s liability for damages to drug company plaintiffs under Article 288 EC
• SARBANES-OXLEY ACT
  First Circuit rules that civil whistleblower provision in Sarbanes-Oxley Act does not provide remedy for foreign employee’s discharge resulting from reporting to U.S. parent company dishonest behavior by fellow employees of foreign subsidiaries
• TRADEMARKS
  European Court of Human Rights holds that Budweiser could not invoke protection of Protocol No. 1 in suit against Portugal for rejecting its trade mark application since mark had never become its “possession”