Justia Civil Procedure Opinion Summaries

Cerner filed suit against defendant and iCapital in state court, seeking to enforce an arbitration award against property in Oregon owned by defendants. After removal, the district court dismissed the action. While this appeal was pending, the Court of Appeal of Paris, a court with jurisdiction over defendant, confirmed the arbitration panel's conclusion that defendant was subject to the panel's jurisdiction.The Ninth Circuit held that the French court's decision was entitled to recognition under the principles of international comity and thus the elements of quasi in rem jurisdiction were present. The panel held that Cerner possessed a valid judgment against defendant, who owns property in Oregon, and thus the panel reversed the district court's dismissal of the action for lack of personal jurisdiction. The panel remanded for further proceedings. View "Cerner Middle East Limited v. iCapital, LLC" on Justia Law

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

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

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

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

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

Plaintiff, an international businessman who resides in Missouri, filed this suit against defendant, the investment and wealth fund of one of the United Arab Emirates, Ras Al Khaimah (RAK), alleging that defendant violated the Computer Fraud and Abuse Act and committed the common law torts of conversion and unfair competition when it hacked plaintiff's computers. Plaintiff and defendants previously entered into a broad settlement agreement where they agreed to litigate all future, related claims in England.The DC Circuit held that the forum selection clause was mandatory and applied to plaintiff's claims, and the parties did not dispute that the clause was valid and enforceable. The court also held that the public interest factors that plaintiff raised to support his claim that transferring the case to England was unwarranted, did not defeat the forum selection clause. The court explained that the public did not have an interest in keeping U.S.-based disputes that turn on U.S. law in our courts. In this case, the Settlement Agreement provides that English Law will govern all disputes subject to the forum selection clause. Furthermore, judicial economy and administrative convenience point towards resolving the parties' claims in the same forum. Accordingly, the court reversed the district court's decision to the contrary. View "Azima v. Rak Investment Authority" on Justia Law

Four Colombian Departments filed an ex parte joint application under 28 U.S.C. 1782 to obtain discovery in aid of a foreign proceeding. Diageo intervened and appealed the district court's grant of the section 1782 application as to two of the departments. The Eleventh Circuit affirmed the district court's grant of the ex parte joint application and held that the district court correctly decided the so-called "receptivity" factor by looking to evidence introduced by both sides and by granting the application of two of the departments. View "Department of Caldas v. Diageo PLC" on Justia Law

After Congress enacted the Anti-Terrorism Clarification Act (ATCA), plaintiffs moved the DC Circuit to recall the mandate issued after the court's decision holding that the federal courts lacked personal jurisdiction over the Palestine Liberation Organization and the Palestinian Authority (defendants). The court denied plaintiffs' motion and held that plaintiffs failed to show circumstances that warrant the extraordinary remedy of recalling the mandate. The court considered all of the arguments and, to the extent not specifically addressed, they were either moot or without merit. View "Sokolow v. Palestine Liberation Organization" on Justia Law

After Esther Klieman was killed in a terrorist attack on an Israeli public bus, plaintiffs filed suit under the Anti-Terrorism Act (ATA), among other laws. The district court dismissed the case against the Palestinian Authority (PA) and the Palestinian Liberation Organization (PLO) for want of personal jurisdiction.The DC Circuit held that the district court did not abuse its discretion in agreeing, in light of the intervening Supreme Court case of Daimler AG v. Bauman, 571 U.S. 117 (2014), to reconsider its earlier ruling that the district court had general personal jurisdiction over defendants. The court held that Daimler, and circuit precedent, effectively foreclosed a ruling that the district court had general jurisdiction over the PA/PLO; plaintiffs' prima facie case for specific jurisdiction did not meet the Constitution's requirements; and plaintiffs have neither established the circumstances rendering section 4 of the Anti-Terrorism Clarification Act of 2018 applicable nor facts justifying a remand for discovery on the issue. Accordingly, the court affirmed the district court's decision. View "Estate of Esther Klieman v. Palestinian Authority" on Justia Law