News & Analysis as of

Forum Non Conveniens

Tarter Krinsky & Drogin LLP

The 2025 HEAR Act Signed into Law

On March 16, 2026, Congress passed an updated version of the Holocaust Expropriated Art Recovery Act (“HEAR Act”), which was signed into law by the President on April 13, 2026. The purpose of the HEAR Act is to aid in the...more

DLA Piper

US Bankruptcy Court denies motion to dismiss involuntary chapter 11 petition against Chinese real estate company

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The United States Bankruptcy Court for the Southern District of New York (Court or New York Court) has denied Xinyuan Real Estate Company Ltd. (Xinyuan or Debtor)’s motion to dismiss an involuntary chapter 11 case filed...more

Husch Blackwell LLP

Insurers Not Obligated to Defend Meta in Youth Social Media Lawsuits

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On February 27, 2026, the Delaware Superior Court issued a memorandum opinion and order in Hartford Casualty Insurance Co. et al. v. Instagram, LLC et al., granting summary judgment for a group of insurers and denying motions...more

Harris Beach Murtha

National Mass Torts: 2025 Year in Review

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Harris Beach Murtha attorneys Abbie Fuchs, Dan Strecker and Alessandra Ash review and analyze key judicial holdings and legal developments in federal court and tort hot spots across the country that have affected the industry...more

Katten Muchin Rosenman LLP

Still No Certainty In Forum Selection for Derivative Litigation

Issuers facing threats of securities litigation have been trying to obtain as much certainty as possible concerning their potential exposure in such lawsuits for years. The effort has included attempts to have securities and...more

Dorsey & Whitney LLP

Stay in Your Lane: Fifth Circuit Sends Dispute over Self-Driving Cars to Israel

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In OSR Enters. AG v. REE Auto., Ltd., the Fifth Circuit recently ruled that, under the doctrine of forum non conveniens, a trade secret dispute originally filed in federal district court in Texas will have to be decided by an...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: October 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. This month, we cover decisions affirming a large verdict for trade secret misappropriation, upholding a ruling that passwords are...more

Faegre Drinker Biddle & Reath LLP

Register to Do Business, Register to Be Sued? Illinois’ New Jurisdictional Trap for Toxic Tort Litigants

For companies operating nationwide, rules governing where they can be sued are consequential — especially in high-exposure toxic tort litigation. Toxic tort cases often involve claims over exposure to substances like...more

Lathrop GPM

Illinois Federal Court Transfers TCPA Class Action against Manufacture and Seller

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A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more

Weber Gallagher Simpson Stapleton Fires &...

Key Witnesses and Critical Distance: Tranter Reaffirms Venue Transfer Standards

You know the emergency response is not good when you get a call at 4:30 a.m. telling you to turn on CNN. On January 5, 2020, a Z&D Tour Bus carrying 59 passengers on board rolled over on the Pennsylvania Turnpike in...more

Hughes Hubbard & Reed LLP

DC Circuit Rejects India’s Sovereign Immunity Defense in Enforcement of $174 Million Arbitration

The U.S. Court of Appeals for the District of Columbia Circuit rejected India’s motion to dismiss, based on sovereign immunity, a $174 million arbitration award in a dispute with German telecommunications provider Deutsche...more

Harris Beach Murtha

Pennsylvania Court Decision Regarding Forum Non Conveniens Signals a Rare Defense Victory

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The Supreme Court of Pennsylvania’s recent decision in Tranter v. Z&D Tour Inc. is likely to ease the burden on defendants seeking dismissal based on forum non conveniens. The Tranter decision is a significant win for...more

White and Williams LLP

“Key Witnesses” No More: The Pennsylvania Supreme Court Restores Traditional Forum Non Conveniens Doctrine

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Today, the Supreme Court of Pennsylvania issued its long-awaited opinion in Tranter v. Z&D Tour, Inc. clarifying the standard to transfer venue under the doctrine of forum non conveniens. Tranter concerned a consolidated...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from September 12, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, August 12, which included two opinions of interest to the Alabama business community...more

Barnea Jaffa Lande & Co.

ICSID Enforcement in Israel: Discretion, EU Controversy, and the Sun-Flower v. Spain Decision

The Tel Aviv District Court has, for the first time, considered a request to enforce an ICSID award in Israel. In the case against Spain, the Court declined enforcement, holding that Israel was not the appropriate forum due...more

DLA Piper

Legal Shopping Spree Continues in Internal Affairs Disputes: Key Case Developments

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The first half of 2025 saw numerous developments in the strategies and counterstrategies between corporations and their stockholders in efforts to find the most favorable law and courts to decide disputes between them....more

Herbert Smith Freehills Kramer

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery...

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 (Section 1782). 2025 WL 2166397...more

Fenwick & West LLP

California Supreme Court Upholds Delaware Forum Selection Clause

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On July 21, 2025, the California Supreme Court issued an opinion in EpicentRx, Inc. v. Superior Court of San Diego County, overturning the lower courts’ decision to decline enforcement of a forum selection clause requiring...more

WilmerHale

U.S. Supreme Court Holds That FSIA Does Not Require Plaintiffs to Prove Minimum Contacts to Establish Personal Jurisdiction Over a...

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On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. that the Foreign Sovereign Immunities Act (FSIA) does not require plaintiffs to show that a foreign state...more

Cooley LLP

Two Judgments on Forum Challenges

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Two notable English court judgments on jurisdiction have been handed down in the last few months – the first being the Court of Appeal’s decision in Limbu & Others v. Dyson Technology Ltd & Others [1], and the second the High...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 304: Spotlight on Civil Procedure (Part 1 – Jurisdiction)

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Welcome back to the Bar Exam Toolbox podcast! This is the first of three episodes in which we review the substantive Civil Procedure law we've covered in our "Listen and Learn" series. Today we're talking about jurisdiction,...more

Faegre Drinker Biddle & Reath LLP

The Fifth Circuit Held That Parties to an Arbitration Agreement Must Arbitrate Their Claims Even If the Forum They Selected No...

The U.S. Court of Appeals for the Fifth Circuit recently compelled two parties to arbitrate their claims despite the abolishment of the forum that they selected in their international commercial arbitration clause. The case...more

Carlton Fields

Florida Appeals Court Decisions Week of February 3 - 7, 2025

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U.S. Eleventh Circuit Court of Appeals - Daniels v. Fla Fish & Wildlife - fishing regulations, constitutional challenges, standing - Glover v. Ocwen Loan Serv - FDCPA, mortgage payment fees - Rosado v. Sec’y US Navy...more

Carlton Fields

Florida Appeals Court Decisions: Week of October 28-November 1, 2024

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U.S. Eleventh Circuit Court of Appeals - Schleider v. GVDB Operations - removal, remand, federal officer - USA v. Lightsey - sentencing, ACCA - Romano v. John Hancock - foreign tax credits, ERISA - Davis v. Ala...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

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