News & Analysis as of September 20, 2024

Supreme Court of the United States › Comity

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Comity or Condemnation: Supreme Court to Decide Whether State-Owned Bank is Immune from Criminal Prosecution Under the Foreign...

Foley Hoag LLP on 1/11/2023

The Supreme Court of the United States is set to determine whether the United States can prosecute a commercial bank, which is majority-owned by the Republic of Turkey, for allegedly violating U.S. law. In 2019, U.S. federal...more

Supreme Court Rings Eight Bells and Ends Navy Sailor Fukushima Suit

Morgan Lewis - Up & Atom on 4/6/2021

The US Supreme Court rang eight bells on March 29, rejecting the petition by US Navy sailors to review last year’s Ninth Circuit decision upholding dismissal of their lawsuit in Cooper v. Tokyo Electric Power Co. Holdings...more

SCOTUS: US Courts Not Bound by Foreign Government’s Statement of Its Laws

Latham & Watkins LLP on 6/29/2018

The Supreme Court has ruled US federal courts should carefully consider a foreign government’s interpretation of its own domestic laws, but are not required to give it conclusive effect. Key Points - ..The Supreme...more

U.S. Supreme Court Clarifies Rules Governing Proof of Foreign Law

King & Spalding on 6/28/2018

International dispute practitioners are well aware of the challenges that arise when the substance of foreign law is disputed in U.S. courts. Most practitioners are aware that the question is governed by Rule 44.1 of the...more

The Cost of Doing Business: Supreme Court Vacates Chinese Defendants' Antitrust Win

Jones Day on 6/27/2018

The Situation: In Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., the defendants in an anticompetition matter—who were China-based manufacturers of vitamin C—claimed that Chinese law required them to...more

In Re Vitamin C: Supreme Court Rules Foreign Government’s Statement of Law Not Binding on Federal Courts

Perkins Coie on 6/20/2018

In a 9-0 opinion delivered by Justice Ruth Ginsburg, the United States Supreme Court last week ruled that the federal courts are not “bound to accord conclusive effect” to a foreign government’s statement of its own law under...more

Supreme Court Rejects Absolute Deference to Foreign Government’s Interpretation of Own Laws

Dechert LLP on 6/19/2018

In Animal Science Products v. Hebei Welcome Pharmaceutical Co., the Supreme Court of the United States held that foreign governments are not entitled to absolute deference on the construction of their own laws. The Court’s...more

With This Tie, There Is a Winner: 4-4 SCOTUS Ruling Results in Victory for Native Americans and a Clear Mandate for Washington to...

Beveridge & Diamond PC on 6/19/2018

In most instances, a tie means there is no winner and no loser. Not so with the U.S. Supreme Court’s 4-4 tie in the “Culverts Case” (one branch of the sprawling U.S. v. Washington case) on June 11, 2018. Instead, by...more

Unanimous U.S. Supreme Court Limits Deference to Foreign Government Legal Views

Alston & Bird on 6/19/2018

Rejecting an earlier appellate case that allowed Chinese companies to escape liability in the United States for allegations of price fixing because their government said it was not illegal under Chinese law, the U.S. Supreme...more

U.S. Supreme Court Rejects Second Circuit’s Conclusive Reliance on Chinese Interpretation of its Own Law

Holland & Knight LLP on 6/18/2018

Is a federal court determining foreign law required to treat as conclusive a submission from a foreign government interpreting its law? The U.S. Supreme Court confronted this question in a case involving price-fixing claims...more

Supreme Court Clarifies Principles of International Comity in Vitamin C Ruling

McDermott Will & Emery on 6/18/2018

Alert: The Supreme Court clarified the principles of international comity this week in a ruling pertaining to the long-running vitamin C antitrust class action litigation. International comity is the recognition a nation...more

Supreme Court: Foreign Government Submissions Are Not Binding on US Courts

A&O Shearman on 6/15/2018

On June 14, Justice Ginsberg, writing for a unanimous U.S. Supreme Court, reversed a 2016 opinion by the Second Circuit and held that a foreign government’s interpretation of its own law is not binding on U.S. courts....more

Supreme Court Decides Animal Science Products v. Hebei Welcome Pharmaceuticals

Faegre Drinker Biddle & Reath LLP on 6/15/2018

On June 14, 2018, the Supreme Court of the United States decided Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., No. 16-1220, holding that a federal court determining foreign law under Fed. R. Civ. P....more

Supreme Court Rules That Federal Courts Are Not Bound to Give Conclusive Effect to Foreign Governments’ Statements About Their...

Proskauer - Corporate Defense and Disputes on 6/14/2018

The Supreme Court ruled today that, when a foreign government presents a formal submission to a federal court about the content of the government’s own laws, the court should accord “respectful consideration” to the...more

Supreme Court Affirms Ninth Circuit’s Decision in Culverts Case

Stoel Rives LLP on 6/12/2018

Today the United States Supreme Court issued a 4-4 per curiam decision (Justice Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest...more

The Supreme Court - June 11, 2018

Dorsey & Whitney LLP on 6/12/2018

The Supreme Court of the United States issued four decisions today: China Agritech, Inc. v. Resh, No. 17-432: In American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974) and subsequent decisions, the Court has held that...more

Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co.

Dorsey & Whitney LLP on 4/9/2018

On April 24, 2018, the Supreme Court of the United States will hear arguments on the issue of whether a court may exercise independent review of the meaning of a foreign country’s domestic law, or whether a court is “bound to...more

The Supreme Court Hears Oral Arguments In United States v. Microsoft

A&O Shearman on 3/6/2018

On February 27, 2018, the U.S. Supreme Court heard oral arguments in United States v. Microsoft, No. 17-2. The case presents the question whether a U.S.-based entity (Microsoft) must comply with a judicially-authorized...more

US Supreme Court To Consider Degree of Deference Courts Should Give Foreign Countries' Interpretation of Their Laws

Skadden, Arps, Slate, Meagher & Flom LLP on 1/26/2018

On January 12, 2018, the United States Supreme Court granted certiorari in Animal Science Products v. Hebei Welcome Pharmaceutical Co. (In re Vitamin C Antitrust Litigation), No. 16-1220. The issue before the Supreme Court is...more

High Court Grants Certiorari in Vitamin C Antitrust Litigation

Holland & Knight LLP on 1/18/2018

On Friday, January 12, 2018, the United States Supreme Court agreed to hear the appeal of two Vitamin C purchasers in what has become known as In re: Vitamin C Antitrust Litigation. Appellants are seeking to overturn a 2016...more

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

Holland & Knight LLP on 11/17/2017

On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...more

Supreme Court Seeks Input of United States in International Price-Fixing Case - Request Could Signal Intent to Review Second...

Holland & Knight LLP on 7/8/2017

The U.S. Supreme Court on June 26, 2017, took the somewhat unusual step of inviting the Acting Solicitor General to express the views of the United States regarding Animal Science Products, Inc. v. Hebei Welcome...more

The Supreme Court - June 2016 #7

Dorsey & Whitney LLP on 6/28/2016

The Supreme Court of the United States issued decisions in three cases today: McDonnell v. United States, No. 15-474: Former Virginia Governor Robert McDonnell and his wife, Maureen McDonnell, were federally indicted...more

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Supreme Court of the United States › Comity

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