Professor Brand notes that in evaluating the transnational litigation doctrines, “one must ask if these doctrines are the real problem.” He suggests that “in the Lago Agrio case, the real problem is something much different, and perhaps more fundamental, than an imbalance in rules of private international law.” It’s certainly true that there are deeper……

Cassandra Burke Robertson is Associate Professor at Case Western Reserve University School of Law. The Lago Agrio case may be the most salient case to illustrate the doctrinal gap between the doctrines of forum non conveniens and judgment enforcement, but it is part of a growing trend of “American lawyers outsmarting themselves” by seeking dismissal……