Law School Toolbox Podcast Episode 343: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Bar Exam Toolbox Podcast Episode 169: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]
Section 1782: Discovery in Support of a Foreign Proceeding - Recent years have seen attacks on the trade secrets and intellectual property of U.S. companies. While foreign governments, corporate espionage, and...more
A recent decision from the U.S. District Court for the District of Nevada highlights the importance of analyzing whether a defendant law firm has a viable jurisdictional defense, even when the law firm has a global footprint....more
The Court of Appeal has granted an anti-enforcement injunction restraining a US company from taking steps to enforce a US judgment in the US courts where such enforcement exorbitantly interferes with the jurisdiction of the...more
There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more
This month, the Second Circuit weighed in on open issues relating to discovery under 28 U.S.C. § 1782. Section 1782 allows federal courts to order entities that “reside[] or [are] found” in their district to produce evidence...more
Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more
The increasingly popular federal statute concerning cross-border judicial assistance, 28 U.S.C. § 1782, enables a District Court to order a “person” that “resides or is found” within its jurisdiction to produce evidence for...more
The U.S. Court of Appeals for the Second Circuit recently ruled that a New York-based affiliate of a global financial institution could be forced to produce documents for use in foreign proceedings even if those documents...more
A federal district court in California has declared that an Australian injunction censoring an American advocacy organization—Electronic Frontier Foundation (EFF)—is repugnant to U.S. law and public policy and is, therefore,...more
Addressing personal jurisdiction over a foreign defendant, the US Court of Appeals for the Federal Circuit found that concerted actions occurring in a foreign jurisdiction but directed at Delaware were sufficient minimum...more
Chief Justice Leo E. Strine Jr. has been known to be fond of the concept of "staying in your lane," (i.e., sticking with what you know). In the judicial arena, staying in your lane usually means deciding cases that require...more
In a series of recent decisions, the U.S. Supreme Court has sought to restrict plaintiffs’ ability to apply U.S. law to, and to bring claims in the U.S. courts based on, extraterritorial conduct. In Morrison v. National...more
In Daimler AG v. Bauman, No. 11-965, 2014 U.S. LEXIS 644 (U.S. Jan. 14, 2014) (Ginsburg, J.), the Supreme Court of the United States held that a court may not exercise general personal jurisdiction over a non-U.S. corporation...more
In prior reports, we have covered significant US court decisions addressing personal jurisdiction—the question whether, even if it is clear that certain claims may be raised in a US litigation, a particular individual or...more
In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach of the Alien Tort Statute, and granted certiorari in Bauman v....more