https://lettersblogatory.com/2015/01/13/case-day-wooshinmtco-v-fu-sheng-optoelectronics/ The Blog of International Judicial Assistance Sun, 24 Nov 2024 03:34:35 +0000 hourly 1 https://wordpress.org/?v=6.9.4 https://lettersblogatory.com/2015/01/13/case-day-wooshinmtco-v-fu-sheng-optoelectronics/#comment-2091 Tue, 13 Jan 2015 14:12:46 +0000 https://lettersblogatory.com/?p=19884#comment-2091 Ivy, thanks for this post! I think it raises an interesting issue. Of course a foreign judgment will have no preclusive effect unless it is recognized—that’s what recognition is for. But can it have some evidentiary effect even if it is not preclusive, if it is not recognized? I haven’t studied this, but the Restatement view seems to be that at common law recognition is necessary if a party “seeks to rely on prior determination of an issue of fact or law.” Restatement (Third) of the Foreign Relations Law of the United States § 481 cmt. b (1987).

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