Bill Dodge

Does the US Clean Air Act apply in Canada? @ProfBillDodge looks at a recent decision: tlblog.org/district-court… @AustenParrish

How will/should Zoom and other videoconferencing tech affect forum non conveniens analysis? @maggiekgardner points to an interesting analysis in a recent student note: tlblog.org/zooming-out-of…

The Eighth Circuit reinstated part of Missouri's Covid suit against China. What happens next? @ProfBillDodge has some thoughts: tlblog.org/further-though… #Missouri #China

Fascinating decision on SOLs, borrowing statute, and Ecuadoran law in the long running banana pesticide litigation. @zclopton has the details: tlblog.org/latest-develop…

@maggiekgardner recaps oral argument in an important international comity case in the Eighth Circuit: tlblog.org/oral-argument-… @joshdbranson

Ninth Circuit rules in Cassirer that Spanish museum can keep a painting stolen by the Nazi's. @ProfBillDodge has the details: tlblog.org/ninth-circuit-…

Great analysis of an important case involving international comity.

2. FTAs: 🤔 Why are FTAs in the US courts, you ask? Well, one is, tx to a comity arg raised by Missouri companies when they were sued by Peruvian plaintiffs. They claim the US-Peru FTA means the case should be dismissed. Oral arg. is tmrw. Read 👉 ielp.worldtradelaw.net/2024/01/the-us… /2

The CISG covers billions of dollars of goods contracts. So are US courts finally becoming aware of it? John Coyle (@Tarheel_Lawprof) discusses an empirical study showing the the number of cases is actually declining: tlblog.org/new-empirical-…

In the second of two posts, @ProfBillDodge discusses three cases of the U.S. applying its law extraterritorially that violate international law. tlblog.org/how-to-critici…

Is it possible to challenge OFAC sanctions in US court? @andrew_coyner analyzes a recent case showing just how hard this can be: tlblog.org/court-rejects-… #OFAC #sanctions

Interesting district court case that reads like a law school exam. @ProfBillDodge has the details: tlblog.org/federal-court-…

If a court in New York recognizes a judgment rendered by a foreign court, is that act of recognition entitled to full faith and credit in the other 49 states? @ProfBillDodge has some thoughts. tlblog.org/foreign-countr…

A new, landmark law on foreign state immunity in China. @donaldcclarke @MarkZJia

Continuing our coverage of the CA2's decision in Fuld striking down the PSJVTA, @zclopton explains how Fuld is consistent with SCOTUS personal jurisdiction cases but misleading in its emphasis on margins: tlblog.org/fuld-right-for…

On Friday, the Second Circuit found there was no personal jurisdiction over the PLO in two Antiterrorism Act cases, holding that there are limits to what Congress can define as consent. @maggiekgardner has the analysis: tlblog.org/second-circuit…

Last Term's decision in Abitron v. Hetronic rewrote the presumption against extraterritoriality yet again. As @ProfBillDodge explains, this is not a good thing: tlblog.org/the-new-old-pr…

China has adopted a new law on foreign state immunity: chinalawtranslate.com/en/foreign-imm… For prior TLB coverage see tlblog.org/chinas-draft-l… and tlblog.org/chinas-draft-l…

@WaibelM09 True that the Article 7 adds "borrowing and lending," but it also instructs PRC courts to consider purpose as well as nature, which may end up immunizing some sovereign debt issuances. English translation of the final law here: chinalawtranslate.com/en/foreign-imm…

Major development: restrictive immunity applies in China from 1 Jan 2024 (plus HK and Macao). Important for sovereign debt: departing from Dec 2022 draft, 'loans' expressly qualified as 'commercial activity'. rb.gy/l3tly. E trans of Dec draft, conflictoflaws.net/News/2023/03/L…

SCOTUS will address the important issue of enforceability of choice of law clauses in the Great Lakes case. John Coyle (@Tarheel_Lawprof) discusses the very different perspective presented in Respondent's brief: tlblog.org/thoughts-on-th…