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2007 International Law Update, Volume 13, Number 12 (December)
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Browse the articles in this issue.
- ANTI SUIT INJUNCTION
In case of U.S. enforcement of a Swiss arbitral award, Second Circuit holds that it was proper for district court to issue an anti suit injunction that prevents litigation in Indonesia despite anti suit injunction issued by Indonesian court
- CHILD ABDUCTION
In dispute over alleged parental abduction of children from Mexico, Sixth Circuit remands for district court to consider what conditions, if any, could ensure the safety of the children upon their return to Mexico during the pendency of custody proceedings
- COMPETITION
European Advocate General opines that the reversal of the EU merger approval of the music units of Sony Corporation and Bertelsmann AG should be upheld; ECJ will likely adopt the opinion
- HUMAN RIGHTS
In case of apartheid victims’ suit against companies that collaborated with the South African Apartheid Government, Second Circuit finds that claims under Torture Victim Protection Act are properly dismissed where they failed to link defendants to state action; however, claims under the Alien Tort Claims Act are improperly dismissed where the plaintiffs plead a theory of aiding and abetting liability
- JURISDICTION
In Colorado action by off shore company against its Swiss administration company, Tenth Circuit upholds dismissal for lack of minimum contacts where Colorado based corporate attorney allegedly misappropriated funds; the Court rejects agency theory for creating jurisdiction in Colorado; Swiss law may apply by virtue of the choice of law clause in the agreement and require the Plaintiff to pay Defendant’s attorneys’ fees and costs
- SERVICE OF DOCUMENTS
European Union issues new Regulation on the service of judicial and extrajudicial documents
- SUBPOENAS
In a case filed under the Lanham Act for trademark infringement, Fourth Circuit holds that a foreign corporation can be compelled to present a designee to testify, even in the absence of any employees, activities, or business locations within the United States, if the corporation has applied for trademark registration with a U.S. government office
- TERRORISM
Seventh Circuit reverses summary judgment in a civil case against three Defendants accused of donating to foreign terrorist groups that had allegedly been involved in murdering U.S. citizen. While donating money to a foreign terrorist group can give rise to a finding of liability in a civil context, Plaintiffs must produce evidence of a causal connection that shows the conduct of the Defendants helped bring about the terrorist attack that resulted in the underlying tort
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