Santiago Cueto

Geoffrey Scimone v. Carnival...

Order Affirming Denial of Defendant's Motion for Removal

On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected…more

| Civil Procedure, International Law & Trade, Maritime Law, Personal...
Kiobel v. Royal Dutch Ptroleum

U.S. Supreme Court Opinion Kiobel

In an opinion issued on April 7, 2013, the U.S. Supreme Court has ruled against a group of Nigerians living in the United States who sought to hold oil companies accountable for alleged human rights violations in Nigeria through…more

| Business Torts, Civil Procedure, Civil Remedies, Constitutional Law,...
Asadi v. G.E. Energy (USA), LLC

Order of Dismissal

U.S. District Judge Nancy Atlas granted dismissal of a lawsuit filed by a former General Electric Co. executive under a federal whistle blowing statute. The court held that the anti-retaliation clauses of the Dodd-Frank Act’s…more

| Business Torts, Civil Remedies, Energy & Utilities, International Law &...
Chevron v. Naranjo, et al.

Second Circuit Opinion Dismissing Chevron's Attempt to Bar Enforcement of...

The U.S. Court of Appeals for the Second Circuit in New York issued an opinion explaining its decision to overturn a district court injunction barring enforcement of the judgment outside of Ecuador. Chevron filed suit in…more

| Business Torts, Civil Procedure, Conflict of Laws, Environmental Law,...
Chevron Ecuador Litigation

2nd Circuit Order Vacating Preliminary Injunction

On September 19, 2011, a federal appeals court reversed Southern District Judge Lewis Kaplan's preliminary injunction blocking worldwide enforcement of an $18 billion environmental judgment in Ecuador. In its ruling, a…more

| Business Torts, Civil Procedure, Indigenous Peoples, International Law &...

International Law Quarterly Spring 2011

The spring 2011 of the Florida Bar International Law Section's International Law Quarterly covers a broad range of topics. Articles include: Taking Evidence in International Arbitration: The New IBA Rules Seventh Circuit…more

| Alternative Dispute Resolution (ADR), Finance & Banking, Immigration...
In re Air Crash Over the Mid-Atlantic...

Memorandum and Order Granting Motion to Dismiss and Denying Motion for...

"Judge Breyer upheld his initial decision from October that the case should be exported abroad based on a legal doctrine called forum non conveniens, which allows courts to reject U.S. jurisdiction if there is an adequate and…more

| Civil Procedure, Conflict of Laws, International Law & Trade, Personal...
in Re: Chiquita Brands International...

Opinion & Order on Motion to Dismiss

Plaintiffs allege claims against Chiquita Brands International under 28 U.S.C. sec. 1350, commonly known as the Alien Tort Statute ("ATS'"), for terrorism; material support to terrorist organizations; torture; extrajudicial…more

| Business Torts, Conflict of Laws, Constitutional Law, International Law...
The Facebook, Inc., Mark Zuckerberg v....

The Facebook, Inc., Mark Zuckerberg v. Winklevoss: 9th Circuit Opinion...

On April 11, 2011, The Ninth Circuit Court of Appeals affirmed the District Court decision that denied the Winklevoss twins bid to void their settlement agreement with Facebook and Mark Zuckerberg. In his opinion, Judge…more

| Alternative Dispute Resolution (ADR), Business Torts, Commercial Law &...
Empresa Cubana v. U.S.(Havana...

Decision on Havana Club Trademark Dispute Between Bacardi and Pernod

A divided appeals court in Washington ruled in favor of the U.S. Treasury Department's refusal to renew a Cuban company's trademark for "Havana Club" rum. The decision is the latest development in a long and bitter dispute…more

| Antitrust & Trade Regulation, Business Torts, Conflict of Laws,...
Republic of Ecuador v. Chevron...

Order on Republic of Ecuador's Motion to Stay of Arbitration

Although the Second Circuit affirmed the decision below, the Court found against Chevron on several key factual issues that undermine the company's defenses both in Ecuador and potentially in various enforcement courts where it…more

| Alternative Dispute Resolution (ADR), Business Torts, Indigenous...

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