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German Federal Constitutional Court: Risk of Punitive Damages No Reason to Prevent Service of U.S. Action
IJA Brigade member Peter Bert reviews a new case from the German Constitutional Court on service of process under the Hague Service Convention when the underlying US litigation involves a claim for punitive damages. In a ruling in January 2013, the Federal Constitutional Court (Bundesverfassungsgericht) confirmed its approach to service of US actions in Germany……
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Chafin v. Chafin: Hague Convention, Mootness, Extraterritorial Authority and Futility
I know, I know, I’m supposed to be on vacation, but I didn’t want to let the week go by without publishing this comment on the Supreme Court’s new decision in Chafin v. Chafin by Letters Blogatory correspondent Charles T. Kotuby Jr. of Jones Day. This will be cross-posted at Conflict of Laws.net. We previewed……
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Case of the Day: Royal Caribbean Cruises v. Jackson
The case of the day is Royal Caribbean Cruises, Ltd. v. Jackson (S.D. Fla. 2013). Royal Caribbean sued for exoneration after Darren Jackson and Susan Moravec were injured parasailing while on a Royal Caribbean cruise. Jackson and Moravec filed a counterclaim and a third party complaint for negligence against Nino Abarquez and Ramon Musngi, two……
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Two New Articles
Readers, check out these two new articles, both of which are interesting and useful. First, Judith Kimerling has published Oil, Contact, and Conservation in the Amazon: Indigenous Huaorani, Chevron, and Yasuni, 24 Colo. J. Int’l Envt’l L. & Pol’y 43 (2013). Kimerling, whom Michael Goldhaber has described as “perhaps one of the only people [ellipsis]……
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Case of the Day: Morningstar v. Dejun
The case of the day is Morningstar v. Dejum (C.D. Cal. 2013). Morningstar is yet another case involving, according to the complaint, a “reverse takeover” maneuver in which a Chinese company enters the US market by merging into a publicly traded US shell corporation. The plaintiffs sought to serve Qiu Jianping and Zou Dejun, Chinese……