Justia International Law Opinion Summaries

The principal issue in this appeal of a 28 U.S.C. § 1782(a) discovery order is whether, in response to the ex parte order authorizing discovery by “interested parties” for use in foreign litigation, the respondents have a right to challenge the order’s validity pursuant to statutory requirements and the Supreme Court’s “Intel factors.”    The Fifth Circuit reversed and remanded, concluding that the district court here misconstrued the court’s precedent and erroneously rebuffed Respondents’ challenge on its face. The court explained that the uncontested facts suggest the possibility that (a) some of the sought discovery is accessible currently in the foreign courts; (b) Appellees’ object here is to obtain unredacted copies of that which may be protected by law in the Portuguese proceedings; and (c) therefore, the requests in many aspects pose an undue burden on the appellants. The court wrote it does not express an opinion on these points but notes that they were never thoroughly vetted in the district court because of the court’s refusal to reconsider the Intel factors and the truncated discussion of “interested parties” under Section 1728(a). Thus, by refusing to consider Appellants’ arguments and evidence challenging whether the Appellees satisfied the statutory criteria and the Intel factors to obtain Section 1782(a) discovery, the district court misapplied the law and abused its discretion. View "Banca Pueyo SA v. Lone Star Fund IX" on Justia Law

Plaintiff brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. He claimed that he was injured after purchasing and trading a Euroyen TIBOR futures contract on a U.S.-based commodity exchange because the value of that contract was based on a distorted, artificial Euroyen TIBOR. Plaintiff brought claims under the Commodity Exchange Act (“CEA”), and the Sherman Antitrust Act, and sought leave to assert claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”).   The district court dismissed the CEA and antitrust claims and denied leave to add the RICO claims. Plaintiff appealed, arguing that the district court erred by holding that the CEA claims were impermissibly extraterritorial, that he lacked antitrust standing to assert a Sherman Act claim, and that he failed to allege proximate causation for his proposed RICO claims.   The Second Circuit affirmed. The court explained that fraudulent submissions to an organization based in London that set a benchmark rate related to a foreign currency—occurred almost entirely overseas. Here Plaintiff failed to allege any significant acts that took place in the United States. Plaintiff’s CEA claims are based predominantly on foreign conduct and are thus impermissibly extraterritorial. As such, the district court also correctly concluded that Plaintiff lacked antitrust standing because he would not be an efficient enforcer of the antitrust laws. Finally, Plaintiff failed to allege proximate causation for his RICO claims. View "Laydon v. Coöperatieve Rabobank U.A., et al." on Justia Law

Defendant violated her joint custody agreement with Petitioner by traveling from Switzerland to the United States with their then-12- year-old daughter, M.D., in July 2020. Petitioner filed a petition seeking M.D.’s return to Switzerland, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the Hague Convention). After an evidentiary hearing on the merits, the district court denied the petition based on the mature child defense, finding that M.D. was of sufficient age and maturity such that the court should take account of her views and that she objected to returning to Switzerland. Petitioner appealed.   The Eighth Circuit reversed the judgment of the district court and remanded the case with directions to grant the petition for the return of M.D. under the Hague Convention on the Civil Aspects of International Child Abduction. The court explained that it agreed with the district court that M.D. is an “innocent party” in this acrimonious dispute. But because M.D. did not express a particularized objection to returning to Switzerland, instead describing a preference—for a variety of understandable reasons—to remain in the United States, the district court’s finding that M.D.’s statements constituted an objection within the meaning of the mature child defense was clearly erroneous. View "Vladyslav Dubikovskyy v. Elena Goun" on Justia Law

In January 2020, Plaintiff sued Iberostar under the Helms-Burton Act, which grants the right to sue companies trafficking in property confiscated by the Cuban government. Plaintiff claims that Cuba seized her family’s hotel in 1961 and that Iberostar and the Cuban government now operate the hotel together.Iberostar successfully sought a stay of the proceedings, citing a regulation that prohibits participation in Helms-Burton suits—on pain of a fine that could reach 600,000 euros. Two years have passed since the stay, and Plaintiff sought to lift the stay. The district court denied her request.On appeal, the Eleventh Circuit reversed the district court's decision, vacated the stay, and remanded the case with instructions it proceed. The court noted that the stay was indefinite and that the European Union agency tasked with resolving the matter has no timeline for its decision. As a result, the court concluded that the stay is immoderate and must be vacated. View "Maria Dolores Canto Marti v. Iberostar Hoteles Y Apartamentos SL" on Justia Law

Pakistan International Airlines (“PIA”) failed to transport the body of N.B. to Pakistan for burial due to a miscommunication by employees of Swissport USA, PIA’s cargo loading agent. N.B.’s family members sued PIA and Swissport in New York state court under state law; PIA removed the action to the district court. Following cross-motions for summary judgment and an evidentiary hearing, the district court held that Plaintiffs’ claims are preempted by the Montreal Convention and dismissed the suit. On appeal, Plaintiffs argued that the Montreal Convention, which preempts state-law claims arising from delayed cargo, does not apply because human remains are not “cargo” for purposes of the Montreal Convention and because their particular claims are not for “delay.”   The Second Circuit affirmed. The court explained that human remains are cargo for purposes of the Montreal Convention; and on the facts found by the district court, the claims arise from delay. The claims are therefore preempted by the Montreal Convention. The court further wrote that it was Plaintiffs who cut off PIA’s ability to perform under the terms of the waybill. That decision was understandable given the need to bury N.B. quickly, and it cannot be doubted that Plaintiffs found themselves in a hard situation. But their only recourse against PIA and Swissport was a claim under the Montreal Convention, a claim which they have consistently declined to assert. View "Badar v. Swissport USA, Inc." on Justia Law

Angle served as the exclusive U.S. distribution agent for Jiangsu, a Chinese manufacturer..Jiangsu claims that, as of June 2018, Angle owed it $1.3 million. Under a June 2018 memorandum of understanding, Angle agreed to pay Jiangsu $528,227.59 within six months. The MOU did not contain an arbitration clause. In July, Jiangsu sent Angle a revised agreement, under which the parties agreed to submit any dispute to the China International Economic and Trade Arbitration Commission (CIETAC) with a revised payment schedule. Angle never signed the July MOU. The parties agreed to a payment schedule, without reference to either MOU. Jiangsu repeatedly asked Angle to forward the “signed agreement.” Angle did not make all of the agreed payments. Jiangsu initiated arbitration. Angle objected to CIETAC’s jurisdiction. The Chinese Court found that the July MOU and its arbitration clause were enforceable. The CIETAC arbitration panel independently determined that the July MOU was enforceable under the U.N. Convention on the International Sale of Goods and Chinese law and ordered Angle to pay $624,227.59.Jiangsu sought to enforce its award in the United States under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The Third Circuit vacated the dismissal of Jiangsu’s confirmation petition. While the district court was not bound by the decisions of Chinese tribunals and Angle did not waive its right to contest enforcement, the district court should make an independent determination as to arbitrability. View "Jiangsu Beier Decoration Materials Co., Ltd. v. Angle World LLC" on Justia Law

Appellants sought to develop thousands of acres of land in Belize, which they marketed as a luxury resort called “Sanctuary Belize.” In their sales pitch to U.S. consumers, many promises were made but not kept. In 2018, the FTC shut this down, calling Sanctuary Belize Enterprise (SBE) a “scam,” and alleging violations of the Federal Trade Commission Act and the Telemarketing Sales Rule for making misrepresentations to consumers. The FTC also brought contempt charges against Appellant stemming from past judgments against him. After an extensive bench trial, the district court found ample evidence of violative and contumacious conduct, ultimately ruling in the FTC’s favor.   Appellants appealed and the Fourth Circuit affirmed in large part, the one exception being vacating the equitable monetary judgments in accordance with the Supreme Court’s decision in AMG Capital Management, LLC v. Federal Trade Commission. The court explained that the various permanent injunctions—including the prohibition of SBE individuals and entities from engaging in further misrepresentations—are appropriately tailored to prevent similar scams in the future. Further, the court held that the district court in Maryland was within its discretion to keep the case because the FTC’s allegations in the Sanctuary Belize case rested on the same facts as the telemarketing contempt charges stemming from AmeriDebt, which was litigated in Maryland and which no party had asked to transfer. View "Federal Trade Commission v. Andris Pukke" on Justia Law

Plaintiff brought this putative class action against more than twenty banks and brokers, alleging a conspiracy to manipulate two benchmark rates known as Yen-LIBOR and Euroyen TIBOR. Plaintiff brought claims under the Commodity Exchange Act (“CEA”), and the Sherman Antitrust Act, and sought leave to assert claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). The district court dismissed the CEA and antitrust claims and denied leave to add the RICO claims. Plaintiff appealed, arguing that the district court erred by holding that the CEA claims were impermissibly extraterritorial, that he lacked antitrust standing to assert a Sherman Act claim, and that he failed to allege proximate causation for his proposed RICO claims.   The Second Circuit affirmed. The court explained that the conduct—i.e., that the bank defendants presented fraudulent submissions to an organization based in London that set a benchmark rate related to a foreign currency—occurred almost entirely overseas. Indeed, Plaintiff fails to allege any significant acts that took place in the United States. Plaintiff’s CEA claims are based predominantly on foreign conduct and are thus impermissibly extraterritorial. Further, the court wrote that the district court also correctly concluded that Plaintiff lacked antitrust standing because he would not be an efficient enforcer of the antitrust laws. Lastly, the court agreed that Plaintiff failed to allege proximate causation for his RICO claims. View "Laydon v. Coöperatieve Rabobank U.A., et al." on Justia Law

On appeal from the district court’s judgment declaring valid and enforceable against Appellants instruments governing a debt issue—notes, indenture, and pledge agreement. The district court granted Appellees’ motion for summary judgment, holding the notes, pledge agreement, and indenture valid and enforceable under New York law, and denied Appellants’ cross-motion, which argued the documents were void under the law of Venezuela, the jurisdiction of the issuer of the notes, and that the court should decline to enforce the notes on the basis of the act-of-state doctrine.   The Second Circuit deferred a decision and certified the following questions on the issue to the New York Court of Appeals: 1. Given PDVSA’s argument that the Governing Documents are invalid and unenforceable for lack of approval by the National Assembly, does New York Uniform Commercial Code section 8-110(a)(1) require that the validity of the Governing Documents be determined under the Law of Venezuela, “the local law of the issuer’s jurisdiction”? 2. Does any principle of New York common law require that a New York court apply Venezuelan substantive law rather than New York substantive law in determining the validity of the Governing Documents? 3. Are the Governing Documents valid under New York law, notwithstanding the PDV Entities’ arguments regarding Venezuelan law? View "PDVSA, et al. v. MUFG Union Bank, GLAS Americas" on Justia Law

Appellant CVG Ferrominera Orinoco, C.A. (“Ferrominera”), appealed from the district court’s judgment confirming a foreign arbitral award and granting attorney’s fees and costs in favor of Petitioner Commodities & Minerals Enterprise Ltd. (“CME”). Ferrominera challenges the judgment on three grounds. First, it argues that the district court lacked personal jurisdiction because CME never served a summons on Ferrominera in connection with its motion to confirm the arbitral award. Second, Ferrominera contends that the district court erred in confirming the arbitral award based on purported lack of jurisdiction by the arbitral panel, issues with the scope of the award, and conflicts with United States public policy. Third, it argues that the district court abused its discretion in awarding attorney’s fees and costs in favor of CME.   The Second Circuit held that a party is not required to serve a summons in order to confirm a foreign arbitral award under the New York Convention. The court concluded that the district court properly enforced the arbitral award, but that it erred in awarding attorney’s fees and costs. Accordingly, the court affirmed in part and vacated in part. The court wrote that CME complied with the service of notice requirements of the New York Convention and the FAA, and the district court properly exercised personal jurisdiction over Ferrominera. Further, the court explained that Ferrominera has not borne its burden to show that the arbitration agreement is invalid where, as here, it has put forth no arguments whatsoever under the applicable law. View "Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C.A." on Justia Law