Oh, Canada! by Dechert LLP on 5/10/2012 We’ve blogged before, occasionally, about drug/device developments north of the border. Most of these developments have involved class action practice, where Canadian law is considerably more liberal than the corresponding...more
Van Breda: The Supreme Court of Canada Provides Clarity to Canadian Conflict of Laws Rules by Field Law on 4/30/2012 It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders. A product manufactured in one country, can be distributed and sold...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
Australia Expands Warranty Protection for Consumers by Dinsmore & Shohl LLP on 3/27/2012 Exporting to Australia just got a little trickier for consumer product and service providers. The Australian Consumer Law (the “Act”) was recently amended to expand the warranty protections afforded to consumers. These...more
Bad Dim Sum: Lowered Risk Appetite Hampering Yuan's Rise by Michael Diaz Jr. - Diaz Reus International... on 3/20/2012 Until as recently as November 2011, most investors had viewed the Chinese yuan (also called the “Renminbi”) as a one-way bet to appreciate in value. But market sentiment has shifted decisively against expectations for the...more
Pennsylvania District Court Finds Supreme Court Failed to Adopt Clear Personal Jurisdiction Standard Over Foreign Defendant by Schnader Harrison Segal & Lewis LLP on 3/12/2012 A foreign manufacturer sued in the U.S. District Court for the Middle District of Pennsylvania recently prevailed in its motion to dismiss for lack of personal jurisdiction even though it did not dispute that its consumer...more
Alien Tort Statute Development by Dechert LLP on 3/9/2012 Since we blogged about the Supreme Court’s certiorari grant in Kiobel v. Royal Dutch Petroleum, 10-1491, we figured we owe our readers an update about a significant status change. As we mentioned before, the Court...more
Complying With Brazil's Consumer Protecting Code by Michael Diaz Jr. - Diaz Reus International... on 1/31/2012 Brazil, as the seventh largest economy in the world, and the fifth largest nation in terms of land mass, continues to present great market opportunities to foreign investors. Product or service suppliers can enjoy great...more
Foreign Corporation's Mere Awareness That Its Products May Ultimately End Up In a Forum State Is Not Sufficient Contact to Support... by Sheppard Mullin Richter & Hampton LLP on 1/17/2012 In Dow Chemical Canada ULC v. Superior Court, 2011 WL 6382110 (Cal. App. 2d Dist. Dec. 21, 2011), the California Court of Appeal, Second District, held that “plac[ing] products into the stream of commerce in a foreign country...more
Foreign Defendants May Encounter Additional Burdens When Challenging “Personal Jurisdiction” by Orrick, Herrington & Sutcliffe LLP on 1/9/2012 “Even if a foreign defendant does not have continuous and systematic contact with the forum state, such as retaining offices, employees, or a corporate presence in the forum state, it may still face personal jurisdiction in a...more
Fifth Circuit Given Opportunity to Clarify Impact of Nicastro by Dechert LLP on 12/28/2011 Another federal appeals court will have an opportunity to assess the reach of the U.S. Supreme Court's decision in J. McIntyre Machinery Ltd. v. Nicastro. In Ainsworth v. Cargotec USA Inc., No. 2:10-cv-00236 (S.D. Miss.,...more
Stream of Commerce Basis for Personal Jurisdiction Clarified by Fox Rothschild on 12/27/2011 When a foreign product manufacturer, that has no other contacts with the forum state, places a product in the stream of commerce and “might have predicted or known that its products would reach [the forum state],” absent any...more
California Courts Cannot Force Out-of-Town Employees to Travel to California Depositions by Sedgwick LLP on 12/16/2011 In an important ruling for corporations sued in California, the Second Appellate District of the California Court of Appeal in Toyota Motor Corporation v. Superior Court (July 27, 2011) No. B225393, held under Code of Civil...more
Appeals Court Rejects Personal Jurisdiction Over Foreign Manufacturer by Dechert LLP on 12/6/2011 As we have noted for reader, lower courts continue to work to interpret and apply the Supreme Court's decision in J. McIntyre Machinery Ltd. v. Nicastro. Earlier this week, a California appeals court found that the lower...more
Appeals Court Unhappy With Plaintiffs' Advocacy by Dechert LLP on 12/6/2011 Today we note an opinion that, in its opening words, is about "two appeals that raise concerns about appellate advocacy." Both are appeals from grants of forum non conveniens in multidistrict litigation. See Gonzalez-Servin...more