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Response to Professors Whytock and Brand
Chris does a good job of detailing the tension between the traditional approach of the Ashenden analysis and the new approach of the UFCMJRA, which I referenced in my post. In particular I think he correctly describes how the new case-specific UFCMJRA grounds essentially turn the enforcing court into an appellate court on due process……
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The Global Context for Forum Non Conveniens and for Case-Specific Exceptions to Recognition of Foreign Judgments
Professor Whytock’s comment today correctly notes in its next-to-last paragraph that “the ship of case-specific exceptions has set sail.” This statement is in response to my comments on the 2005 Uniform Foreign-Country Money Judgments Recognition Act and the 2005 ALI Proposed Federal Statute. It is important to take account not just of the national context……
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A Response to Professor Brand
Thanks again to Ted Folkman for hosting this discussion, from which I’ve learned a lot. There is much to discuss, and everyone has raised important points. However, I’ve found Professor Brand’s post particularly thought provoking as I continue to grapple with these issues—especially his comments regarding the case-specific defenses against enforcement contained in the 2005……
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Case of the Day: Schiff v. Hurwitz
The case of the day is Schiff v. Hurwitz (W.D. Pa. 2012). Schiff was a patient of Dr. Hurwitz, who performed the “BodyTite Procedure” on Schiff. Personally, I would not recommend any medical procedure with a purposely misspelled word in the name, but that’s just me. Schiff used a medical device manufactured by Invasix in……
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Case of the Day: Signalquest v. Tien-Ming Chou
I like how the judge in today’s case of the day, Signalquest, Inc. v. Tien-Ming Chou (D.N.H. 2012), began: “When service of process absolutely, positively has to be effected on a Taiwanese defendant pursuant to FRCP 4(f)(2)(C)(ii), is Federal Express enough?” The claim was for patent infringement. Signalquest asserted that Chou and his company, Oncque,……