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2007 International Law Update, Volume 13, Number 10 (October)
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Browse the articles in this issue.
- ANTI SUIT INJUNCTION
Eleventh Circuit vacates anti suit injunction where Costa Rican and U.S. district court actions are pending involving the same agreement between the parties because the legal claims in both actions differ
- CHILD ABDUCTION
In case of minor children being taken to the U.S. from France without French parent’s consent the Sixth Circuit holds that the Children’s habitual residence was in the U.S., under the Hague Convention, where they had returned to France for three weeks after an eleven month stay in the U.S.
- CONSUMER PROTECTION
Australian Federal Court grants injunction to consumer commission against admitted violations by United States companies of their Undertaking clearly to warn customers that they could return its software in three days with full refund if not satisfied with its quality
- CRIMINAL LAW
In case where district court admitted evidence allegedly in violation of the Mutual Legal Assistance Treaty (MLAT) between the U.S. and The Netherlands, obtained after The Netherlands denied U.S. request for assistance, Second Circuit finds that evidence was not within scope of MLAT and must only comply with U.S. law, not foreign law
- EXTRADITION
On appeal from judgments of extradition and surrender by Canada to United States by one of three individuals charged with operating fraudulent cross border telemarketing scheme to United States citizens, Ontario Court of Appeal dismisses appeal on grounds that lower court did not err in declining to allow calling of witness not shown to have relevant and reliable testimony that one petitioner may not have known that telemarketing was fraudulent
- FORUM NON CONVENIENS
Fifth Circuit affirms forum non conveniens dismissal of Texas lawsuit in favor of forum Mexico despite allegations of bribery and other unethical conduct in Mexico; all relevant acts occurred in Mexico and aspects of the matter have already been litigated in Mexico; the fact that the opposing party has already prevailed in part in Mexico proves that it is an adequate alternative forum
- WORLD TRADE ORGANIZATION
WTO issues Compliance Report in U.S. Brazil Cotton Dispute
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