News & Analysis as of

Post-Judgment Enforcement Actions

Goldberg Segalla

Oregon Jury Renders $260M Verdict for Plaintiff in Talc Trial

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Fourth Judicial District Circuit Court for Mulnomah County, Oregon (Portland) In this matter, plaintiff Kyung Lee claimed that she developed mesothelioma from her use of Johnson & Johnson baby powder, which she alleges was...more

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

Miller Canfield on

The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

Rumberger | Kirk

Eleventh Circuit Reiterates Availability of Postjudgment Rule 11 Sanctions

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The Court of Appeals for the Eleventh Circuit recently reversed a district court’s denial of Rule 11 motions filed after final judgment had been entered. The Eleventh Circuit found the district court incorrectly read recent...more

Sheppard Mullin Richter & Hampton LLP

Judgment Creditors Beware: Moving For Contempt May Be Within Reach, But Difficult To Grasp

In the New York County Commercial Division, Justice David B. Cohen’s ruling in B&M Kingstone, LLC v. Mega Int’l Comm. Bank Ltd., 2022 NY Slip Op. 30481(U) (Sup. Ct. N.Y. Cnty. 2022) makes clear that New York courts can compel...more

Fox Rothschild LLP

No “Do-Overs” When You Agree To Arbitrate Your Divorce

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As we have written before, alternate dispute resolution is a favored way to resolve divorce matters, whether it be mediation or binding arbitration. One reason that people choose the arbitration route is that they are...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Potential Impact of Terrorism Lawsuits Under the Antiterrorism Act on Ordinary Corporate, Banking and Sovereign Enterprises

In the last 30 years, the U.S. Congress has enacted several laws enabling victims of terrorism to seek damages in U.S. federal courts. The central piece of legislation in this regard, the Antiterrorism Act of 1990 (ATA), has...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending January 31, 2020

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Real Property Update - HOA / Contracts: Trial court erred by entering a post-judgment enforcement order requiring the association to assign its riparian rights to plaintiff pursuant to an enforceable settlement agreement,...more

Burr & Forman

Fifth Circuit Finds Jurisdiction Over Post-Award Proceedings Under FAA

Burr & Forman on

While the Federal Arbitration Act (“FAA”) does not provide federal subject matter jurisdiction, federal courts may nevertheless have jurisdiction over proceedings to compel arbitration if the underlying claim is “predicated...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court and Evolving Arbitration Jurisprudence

The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more

Dechert LLP

Intra-EU Arbitral Award Enforced in the U.S. – Achmea Objection Dismissed by D.C. District Court for the First Time

Dechert LLP on

A federal court in Washington, D.C. has recognized and enforced a US$331 million arbitral award against Romania under an intra-EU BIT—notwithstanding the objection of the European Commission that the award is incompatible...more

Smith Debnam Narron Drake Saintsing & Myers,...

Creditors See NC Appeals Court Ruling as Possible Game-Changer

As too many plaintiffs know, getting a judgment is often only the beginning of the process. It can sometimes take longer and require far more effort to collect on the judgment than it does to get a judge to enter it. Often,...more

White & Case LLP

PJSC Tatneft v Bogolyubov: Security for costs order against Russian Claimant with assets in Switzerland and Cyprus

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In PJSC Tatneft v Bogolyubov [2019] EWHC 1400 (Comm) the High Court gave a useful indication as to the readiness of the English Courts to award security for costs against a Russian domiciled claimant, in view of perceived...more

White & Case LLP

The New Enforcement Regime: a further step in the right direction

White & Case LLP on

The United Arab Emirates has introduced further reforms regulating the enforcement of foreign arbitral awards. In the last year, the UAE has taken a significant step towards aligning the UAE's arbitration laws with...more

White & Case LLP

The Angel Bell post-judgment – the exception and not the rule?

White & Case LLP on

In a decision handed down last week, Michael Wilson & Partners Ltd v John Forster Emmott [2019] EWCA Civ 219, the Court of Appeal has reviewed the authorities relating to removing, following judgment, the so-called Angel Bell...more

Carlton Fields

Post-Judgment Collection Efforts of Reinsurer Continue in California Federal Court

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We have previously reported on Odyssey Reinsurance’s Continuing efforts to collect a $3.2 million default judgment against Richard And Diane Nagby in our blog on numerous occasions. ...more

Dechert LLP

‘Tis the season to be merry – and also to mediate?

Dechert LLP on

With decorated trees, snow on the ground (and painted on the walls), coffee cups coloured red and green, and spiritual imagery regularly seen; it is a time for goodwill, festive cheer and reflection. But does this general...more

Carlton Fields

District Court Finds that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is Not Preempted By State...

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A district court judge in the U.S. District Court for the Eastern District of Louisiana has issued an order attempting to resolve the apparent tension created by Louisiana law barring compulsory arbitration provisions in...more

Dechert LLP

The New UAE Arbitration Law: Separating the Old from the New

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Federal Law No. 6 of 2018 Concerning Arbitration (the "New Law") came into force on 16 June 2018. It applies to all arbitrations seated in the United Arab Emirates ("UAE") (excluding the DIFC and ADGM), and includes...more

Carlton Fields

New York District Court Confirms Foreign Arbitration Award, Reasoning That Courts With Secondary Jurisdiction May Not Refuse To...

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Pursuant to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, codified at 9 U.S.C. § 201 et seq. (the “Convention”), Petitioner, a German corporation, sought an order confirming a final arbitration...more

Dechert LLP

English Court Takes a More Flexible Approach to Service of Proceedings on a Foreign State

Dechert LLP on

A trend has emerged which demonstrates the London Commercial Court’s increasing willingness to adopt a pragmatic approach to the method of service of documents on a foreign State in appropriate cases, even though the...more

Dechert LLP

Restructuring and Insolvency Bulletin Issue 3 - January 2018: Long Arm Jurisdiction? Foreign Counsel May Not Be Sanctioned Absent...

Dechert LLP on

The Bankruptcy Court for the Southern District of New York recently held that a foreign counsel cannot be sanctioned for an attempt to assist its client in avoiding discovery orders issued by the court, when personal...more

Dechert LLP

US Court Shields Google from Canadian Court Order in Search Delisting Dispute

Dechert LLP on

In Google LLC v. Equustek Solutions Inc.,1 a United States district court enjoined the enforcement of an order by the Supreme Court of Canada that directed Google to remove content from Google search results. The Canadian...more

Bennett Jones LLP

The Court as a Collection Agency

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Security for judgment is an exceptional remedy only granted in exceptional circumstances. The court prefers to leave debt collection under the auspices of the Civil Enforcement Act. Nevertheless, exceptional circumstances do...more

Bass, Berry & Sims PLC

Chris Lazarini Discusses Application of Inter-American Convention on International Commercial Arbitration

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an international family dispute over the holdings in a brokerage account. In this instance, the primary owner of the account – a mother living in Columbia...more

Skadden, Arps, Slate, Meagher & Flom LLP

Investment Trends in India

On 22 June 2017, Skadden and Khaitan & Co hosted a seminar titled “Investment Trends in India” at the Institute of Directors in London. David Kavanagh QC, global co-head of Skadden’s International Litigation and...more

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