Justia International Law Opinion Summaries

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In its 28 U.S.C. 1782(a) discovery application, ALJ sought a subpoena for documents from FedEx and deposition testimony of a FedEx corporate representative. ALJ alleged that FedEx Corp. was involved in contract negotiations and performance of two contracts between ALJ and FedEx International, a FedEx subsidiary. Each contract became the subject of commercial arbitration, one pending in Dubai, the other in Saudi Arabia. The arbitration in Saudi Arabia was dismissed. The district court denied ALJ’s application, holding that the phrase “foreign or international tribunal” in section 1782(a) did not encompass the arbitrations. The Sixth Circuit, reversed, noting that the Supreme Court provided guidance for interpretation of section 1782(a) in 2004. Considering the statutory text, the meaning of that text based on common definitions and usage of the language at issue, as well as the statutory context and history the court held that this provision permits discovery for use in the private commercial arbitration at issue. View "In re Application to Obtain Discovery for Use in Foreign Proceedings" on Justia Law

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The Ninth Circuit affirmed the district court's dismissal of a securities fraud action because it was barred by the act of state doctrine. Plaintiffs alleged that defendants knowingly failed to disclose legal deficiencies under Mexican tax law in the 2012 APA Ruling and sold shares knowing these legal deficiencies existed. The panel held that plaintiffs' claims under the Securities Exchange Act of 1934 would require a United States court to pass judgment on the validity of a 2012 ruling by Mexico's tax authority. In this case, the mandatory elements of applying the act of state doctrine were satisfied and the policies underlying the doctrine weighed in favor of applying it to bar plaintiffs' claims. Agreeing with its sister circuits, the panel held that the district court was not required to consider the Sabbatino factors. The panel declined to reconsider whether a tax ruling by the Mexican government, that remains valid in Mexico, complied with Mexico's tax laws. View "Royal Wulff Ventures LLC v. Primero Mining Corp." on Justia Law

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The DC Circuit held that the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act (PROTECT Act) was constitutional as applied to defendant, who was indicted for producing child pornography and sexually abusing a child while residing in Vietnam in 2015. The court reversed the district court's dismissal of the indictment and held that each of the provisions of the Act that defendant challenged was rationally related to implementing the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. The court held that the provisions of the PROTECT Act that criminalize child sexual abuse and production of child pornography by U.S. citizens living abroad help to fulfill the United States' responsibility under the Optional Protocol to criminalize, "as a minimum," child prostitution and child pornography production by U.S. nationals wherever that conduct occurs. Furthermore, the Foreign Commerce Clause supports application of U.S. law to economic activity abroad that could otherwise impair the effectiveness of a comprehensive regulatory regime to eliminate the sexual exploitation of children. View "United States v. Park" on Justia Law

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At issue in this case was a district court’s determination concerning the location of children’s habitual residence. Shane Watts was a dual citizen of Australia and the United States. Carrie Watts was a citizen of the United States. In 2005, Shane and Carrie married in Park City, Utah. From December 2006 to June 2016, the couple lived in North Carolina, where they reared their three children—also dual citizens of Australia and the United States. In March 2016, the couple learned that their middle child would need specialized medical attention possibly including expensive palate-extension surgery. The family decided to move to Australia to benefit from that country’s universal- healthcare system. The couple intended to live in Australia until completion of their son’s medical treatment. The move to Australia placed additional stress on Shane and Carrie’s already- strained marriage. Concerned that she would be unable to work if she and Shane later divorced, Carrie applied for a permanent visa to Australia. Shane notified the Australian immigration authorities that they had separated, and he withdrew his sponsorship of Carrie’s permanent-visa application. Carrie obtained an “intervention order” against Shane. About three days after learning that Shane had withdrawn his sponsorship of her permanent-visa application, Carrie took the children and flew to Utah. She did not tell Shane beforehand, and she lied to customs agents that she was traveling to the United States for a short visit. Carrie and the children have remained in Utah since. In total, the family lived in Australia for just over eleven months. Shane petitioned a federal court in Utah for the return of the children. In his petition, Shane claimed that Carrie had wrongfully removed the children from their “habitual residence”—i.e., Victoria, Australia. Finding that Shane failed to prove the children's habitual residence was Australia, it denied his request for relief under the Hague Convention as "wrongful." The Tenth Circuit found no reversible error, and affirmed the district court's dismissal of Shane's petition. View "Watts v. Watts" on Justia Law

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The Ninth Circuit affirmed defendant's conviction for engaging in a monetary transaction of over $10,000 derived from a specified unlawful activity, in violation of 18 U.S.C. 1956. In this case, defendant, a citizen of South Korea employed at a government-funded research institute, solicited and received payments from two seismometer manufacturers in exchange for ensuring that the research institute purchased their products, and gave the companies inside information about their competitors. The panel held that "bribery of a public official" in section 1956 is defined by that phrase's ordinary, contemporary, common meaning and is not constrained by 18 U.S.C. 201, a statute to which section 1956 makes no reference. Because the panel found the crime described in Article 129 of the South Korean Criminal Code fits comfortably within the ordinary meaning of "bribery of a public official" as used in section 1956, the panel held that the indictment was sufficient and that there was no instructional error. View "United States v. Heon-Cheol Chi" on Justia Law

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The alleged misconduct tied to the trading of crude oil extracted from Europe's North Sea constitutes an impermissibly extraterritorial application of the Commodity Exchange Act. Plaintiffs, individuals and entities who traded futures and derivatives contracts involving North Sea oil, appealed the district court's dismissal of their claims alleging that defendants, entities involved in various aspects of the production of Brent crude, conspired to manipulate, and did in fact manipulate, the market for physical Brent crude and Brent Futures by executing fraudulent bids, offers, and transactions in the underlying physical Brent crude market over the course of the Class Period. The Second Circuit affirmed the district court's dismissal of plaintiffs' claims under the Act, holding that the presumption of extraterritoriality has not been displaced in this case, and plaintiffs have not pleaded a domestic application of the Act by merely alleging a winding chain of foreign, intervening events connected to the purchase of Brent Futures. The court also affirmed the district court's dismissal of all other defendants and all other claims in a separately filed summary order. View "Prime International Trading Ltd. v. BP PLC" on Justia Law

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This case arose from a foreign judgment in a Moroccan court levying over $100 million against plaintiff and his business partner. The Fifth Circuit held that an interim change in the Texas Recognition Act does not violate the state's constitutional ban on retroactive laws. Therefore, the retroactive law did not abrogate defendant's ability to seek recognition of the Moroccan judgment. Rather, it just gives a district court the ability to deny recognition if it finds the judgment was obtained in proceedings that were incompatible with the requirements of due process. The court also held that the district court properly followed this court's 2015 mandate and properly applied the new law. Therefore, the district court properly determined that plaintiff was denied due process in Morocco and thus had, and properly exercised, its discretion to deny recognition to the Moroccan judgment. View "DeJoria v. Maghreb Petroleum Exploration, SA" on Justia Law

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The University, an agent or instrumentality of the Swiss Confederation, having a place of business in Bern, Switzerland, granted an exclusive license of its 114 patent to the German company LABOKLIN, whose principal place of business is in Bad Kissingen, Germany. Under the License Agreement, LABOKLIN was required to commercialize the invention in North America. LABOKLIN entered into sublicenses in the U.S. PPG, a corporation headquartered in Washington State, offers laboratory services. After obtaining the University’s consent, LABOKLIN sent a cease-and-desist letter to PPG in Spokane, Washington. PPG sued LABOKLIN and the University, requesting a declaratory judgment that the Asserted Claims of the 114 patent are ineligible under 35 U.S.C. 101 for failing to claim patent-eligible subject matter. The Federal Circuit affirmed that the district court had jurisdiction over both LABOKLIN and the University. LABOKLIN had sufficient minimum contacts with the U.S. to comport with due process; the University, a foreign sovereign in the U.S., had engaged in “commercial activity” sufficient to trigger an exception to jurisdictional immunity under 28 U.S.C. 1605(a)(2) by “obtain[ing] a patent and then threaten[ing] PPG by proxy with litigation.” PPG had stipulated to infringement of the Asserted Claims; the courts found those Claims patent-ineligible as directed to patent-ineligible subject matter, namely the discovery of the genetic mutation that is linked to HNPK. View "Genetic Veterinary Sciences, Inc. v. LABOKLIN GMBH & Co. KG" on Justia Law

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The Second Circuit held that the district court violated the mandate the court issued in a previous decision instructing it not to send the Foreign Sovereign Immunities Act (FSIA) claims to trial, and that the district court violated the law of the case by finding that 650 Fifth Avenue Company is a foreign state under the FSIA. Without reaching the merits of the Terrorism Risk Insurance Act (TRIA) claims, the court held that the district court abused its discretion by precluding two of defendants’ witnesses from testifying at trial. Finally, the court held that TRIA section 201 litigants lack the right to a jury trial in actions against a state sponsor of terrorism, including its agencies or instrumentalities. Accordingly, the court affirmed in part, reversed in part, vacated in part, and remanded for a new trial on section 201 claims. View "Havlish v. 650 Fifth Avenue Co." on Justia Law

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At issue in this civil forfeiture appeal was whether the district court erred by exercising subject matter jurisdiction over a foreign state's property or abused its discretion by rejecting defendants' statute‐of‐limitations defense sua sponte. The Second Circuit held that the district court had jurisdiction because the Foreign Sovereign Immunities Act (FSIA) does not foreclose in rem civil‐forfeiture suits against a foreign state's property. In this case, however, the district court abused its discretion by sua sponte resolving the statute‐of‐limitations issue without providing defendants notice or an opportunity to defend themselves. Finally, an accompanying summary order considered and rejected defendants' additional challenges. Accordingly, the court affirmed in part, vacated in part, and remanded for further proceedings. View "United States v. Assa Co. Ltd." on Justia Law