The Fatal Dangers of Medical Tourism by Lawyers.com on 5/23/2012 The investigation was one James Goldberg never wanted to undertake. Six years ago, Goldberg’s son Joshua, then 23, was living in Thailand, studying to become a Buddhist monk. When Joshua mysteriously lost feeling in his...more
Eleventh Circuit Determines That Some But Not All Claims Must Be Arbitrated by Cadwalader, Wickersham & Taft LLP on 5/4/2012 Jane Doe v. Princess Cruse Lines, Ltd., Jane Doe v. Princess Cruse Lines, Ltd., No. 10-10809 (11th Cir. 2011), addresses the important necessity of careful corporate drafting of international arbitration provisions, a topic...more
District Court Rejected Reconsideration of Discovery Ruling Requiring Disclosure of Flight Data In Connection with Plan Columbia by Cadwalader, Wickersham & Taft LLP on 4/30/2012 Venancio Aguasanta Arias, et al. v. Dyncorp, et al., Civil Action No. 01-1908 (D.D.C. 2012), denies a motion for reconsideration of a discovery order in an international litigation. The underlying case involves allegations...more
District Court Dismisses Claim by U.S. Citizen Against the U.S. Arising on Non-U.S. Soil On Sovereign Immunity Grounds by Cadwalader, Wickersham & Taft LLP on 4/25/2012 Cottonham v. United States Embassy, Bankok, Thailand, No. C-11-3131 (N.D. Cal. 2011), is almost a more brief decision than this posting, but the issue is one worth consideration for those in international...more
Supreme Court of Canada Revamps the Test for Jurisdiction over Foreign Defendants by Osler, Hoskin & Harcourt LLP on 4/20/2012 In a recently released pair of cases, Club Resorts Ltd. v. Van Breda and Club Resorts Ltd. v. Charron (“Van Breda”) the Supreme Court of Canada has updated and clarified the “real and substantial connection test” that...more
A woman's injury during sex seen as legit work injury by judge by Johnston, Moore & Thompson, Huntsville... on 4/20/2012 We don't often write about international workers' compensation cases, but a recent ruling in an Australian case is notable enough to share on this Alabama blog. If you were on a work trip and got hurt during a sexual "tryst"...more
District Court in Chevron Case Exonerates Prelminary Injuction Bond by Cadwalader, Wickersham & Taft LLP on 4/18/2012 The District Court in the long-running international litigation involving Chevron exonerated (meaning vacated it) the preliminary injunction bond filed in connection with the preliminary injunction entered by the District...more
Would the End of the Alien Tort Statute Mean an End to Corporate Liability for Human Rights Abuses? by Foley Hoag LLP - Corporate Social... on 4/11/2012 If the U.S. Supreme Court strikes down, or severely limits, the Alien Tort Statute (“ATS”), what are the implications for plaintiffs and defendants in cases involving violations of international human rights law? The crystal...more
International Law -- ADR hits Europe by JAMS, The Resolution Experts on 4/10/2012 While mediation is a process familiar to most U.S. attorneys, this alternative dispute resolution method is undergoing a significant evolution in the European Union, and specifically Italy. In particular, the concept of...more
Second Circuit Affirms Right to Claim Against A Non-U.S. Sovereign under the Noncommercial Tort Exception to the FSIA Despite the... by Cadwalader, Wickersham & Taft LLP on 4/9/2012 Doe v. Usama Bin Laden, Islamic Emirate of Afghanistan, Dkt. No. 09-4958-cv (2d Cir. 2011), addresses the issue whether civil tort claims against Afghanistan could be asserted under the noncommercial tort exception to the...more
Extraterritoriality Becomes Focus of Kiobel Supreme Court; Are We Headed for Morrison II? by Cadwalader, Wickersham & Taft LLP on 4/9/2012 We have posted on the fascinating development of the law concerning the Alien Tort Statute (“ATS”), 28 U.S.C. § 1350. The issues raised there are important in their own right and are at the center of many issues faced by the...more
March 21, 2012 - The Federal Crimes Watch Daily by McNabb Associates, P.C. on 3/21/2012 The Federal Crimes Watch Daily is a daily newspaper that discusses current federal criminal issues written by a federal criminal defense attorney....more
Diaz Reus Partner, Israel Reyes, Represents Landmark Hotel Owner In Suit Against German Bank by Michael Diaz Jr. - Diaz Reus International... on 3/19/2012 In a case with international financial implications, Casa Casuarina LLC, owner of a landmark Miami Beach resort property, is suing its mortgage holder German bank WestLB on multiple counts of alleged fraud. “We are...more
The Chevron Ecuador Saga Continues as Second Circuit Overturns Anti-Enforcement Injunction by Sheppard Mullin Richter & Hampton LLP on 3/13/2012 In the latest U.S. chapter of the long and hard-fought battle over claims of pollution and adverse health effects from oil development in the Ecuadorian rain forest by Texaco (acquired by Chevron in 2001), a potentially...more
Claims Against Kenya Dismissed on Foreign Sovereign Immunity Grounds by Cadwalader, Wickersham & Taft LLP on 3/12/2012 Community Finance Group, Inc., et al. (CFG) v. Republic of Kenya, et al., Civil No. 10-838 (DSD/JJG) (D. Minn. 2011), presents an issue in international litigation that arises when a U.S. person or entity does business with a...more