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2006 International Law Update, Volume 12, Number 3 (March)
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Browse the articles in this issue.
- ANTI-SUIT INJUNCTIONS
Ninth Circuit approves injunction against party from pursuing subsequent parallel action in Brazil where Brazilian party had fully taken part in U.S. proceedings and had brought the Brazilian lawsuit seven months after final judgment in U.S.
- BANKRUPTCY
Fourth Circuit determines that presumption against extraterritoriality does not bar application of U.S. Bankruptcy Code to avoid debtor’s transfer of Bahamian realty
- CHILD ABDUCTION
In proceeding under Hague Convention on Child Abduction, Third Circuit vacates and remands lower court’s order returning child from U.S. to Argentina in light of incomplete fact-finding on key issues
- DENATURALIZATION
Seventh Circuit rules that alien’s failure to mention involuntary conscription to serve as SS guard at Nazi concentration and labor camps in 1956 visa application made his U.S. presence unlawful and thus invalidated his later naturalization
- FORUM NON CONVENIENS
Responding to its Article 234 referral, European Court of Justice instructs English Court of Appeal that Article 2 of Brussels Convention precludes application of English forum non conveniens principles in lawsuit where plaintiff and one defendant were domiciliaries of Contracting State
- PERSONAL INJURY
Queensland Court of Appeal affirms judgment of trial court that plaintiff injured by U.S. car accident followed nine months later by another in Australia failed to present evidence showing that it was Australian accident, more likely than not, that caused plaintiff’s most serious injuries
- SOVEREIGN IMMUNITY
On appeal of apparent countersuit against U.S. Federal Trade Commission by Canadian individual and corporations charged with fraudulent “cramming” of U.S. consumers, Ontario Court of Appeal rules that notice of proceeding to serve FTC failed to comply with Canadian State Immunity Act
- SOVEREIGN IMMUNITY
In litigation involving official at Holy See, Fifth Circuit finds that agent’s acts conducted without actual authority of state are insufficient to trigger FSIA’s “commercial activity” exception
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