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Case of the Day: CDM Smith v. Atasi
The case of the day is CDM Smith, Inc. v. Atasi (D. Mass. 2022). CDM is a Massachusetts engineering and construction firm. Khalil Atasi was a senior vice president who managed the company’s operations in Saudi Arabia. Although he was an employee at will, in order to obtain permission to work in Saudi Arabia, he……
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Case of the Day: Abdul Latif Jameel Transportation v. FedEx
The case of the day is Abdul Latif Jameel Transportation Co. v. FedEx Corp. (6th Cir. 2019). The case is a big deal in the world of § 1782. One of the great open questions is whether a private international arbitral tribunal is a “tribunal” for purposes of the statute. There were some old cases……
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Case of the Day: Reyes v. Al-Malki
The case of the day is Reyes v. Al-Malki, [2017] UKSC 61. The case is in the “diplomat allegedly abuses a domestic servant and then claims immunity from suit” genre. The infamous Gurung v. Malhotra is in that genre, as is the Khobragade case from 2013. The cases I’ve seen don’t seem to get much……
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President Obama Vetoes JASTA
Since we are talking about the other branches of government getting involved in foreign sovereign immunity, here is a report on the proposed Justice Against Sponsors of Terrorism Act, S. 2040. The purpose of the bill is “to provide civil litigants with the broadest possible basis, consistent with the Constitution of the United States, to……
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Case of the Day: Certain Funds v. KPMG
The case of the day is Certain Funds, Accounts and/or Investment Vehicles Managed by Affiliates of Fortress Investment Group LLC v. KPMG, LLP (2d Cir. 2015). This is the appeal from Judge Buchwald’s interesting § 1782 decision from July 2014. Here was my summary of the case from the prior post: