8 results for 'cat:"International Law" AND cat:"Jurisdiction"'.
J. Cobb grants the American oil company's motion for default judgment and to confirm an arbitration award in its action against the Iranian oil company alleging that natural gas it purchased was never delivered. This court has subject matter jurisdiction over the dispute, since the parties agreed to arbitrate this dispute in a New York Convention signatory country and it is commercial in nature, and personal jurisdiction over the Iranian company since the American company successfully accomplished service when it received a "read" receipt of a service email. The American company has also satisfied procedural requirements for enforcement, and there is no reason to deny them confirmation.
Court: USDC District of Columbia, Judge: Cobb, Filed On: April 30, 2024, Case #: 1:22cv1361, NOS: Arbitration - Other Suits, Categories: Arbitration, international Law, jurisdiction
J. Cooper partially grants the German state-owned entity's motion to dismiss the German-American's suit alleging that it improperly expropriated her family's former estate, which had been seized by the Soviet Union in the wake of World War II, following the reunification of East and West Germany. The 1945 taking was not a domestic taking, and therefore this court can exercise subject matter jurisdiction over it, but the later takings did not violate international law. Germany also did not waive its sovereign immunity in this matter in a 1954 treaty. The record is not clear as to whether the German entity ever had a physical presence in the U.S., in part because of its litigation tactics, and should remaining jurisdictional questions come down to that question, the court will allow the German-American to serve interrogatories on that question.
Court: USDC District of Columbia, Judge: Cooper, Filed On: March 28, 2024, Case #: 1:14cv2140, NOS: Other Statutory Actions - Other Suits, Categories: international Law, jurisdiction
J. Elrod denies the El Salvadoran citizen's petition for rehearing. The immigration judge has previously adjudicated the immigrant removable for lacking documentation. Though the immigrant says she will suffer harm for having reported a rape if returned to El Salvador, the immigration judge determined she had not been harmed for a political opinion or membership in a social group. She also did not show the government would be unwilling or unable to protect her. The Board of Immigration Appeals has not given standards for evaluating when and how single-member panels should exercise discretion to refer a case to a three-member panel, and the circuit lacks jurisdiction.
Court: 5th Circuit, Judge: Elrod , Filed On: March 8, 2024, Case #: 22-60554, Categories: Immigration, international Law, jurisdiction
J. Lampkin finds that the lower court properly denied the law firm's motion to dismiss on the basis of forum non conveniens. The international law firm is based in Chicago, and there is no basis for finding that London is a more appropriate forum when England has no greater interest in applying Russian law than Cook County, and none of the alleged malpractice took place in London. Affirmed.
Court: Illinois Appellate Court, Judge: Lampkin, Filed On: February 14, 2024, Case #: 230095, Categories: international Law, jurisdiction
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J. Williams allows plaintiff to continue patent infringement claims related to solar energy technology because the complaint was properly served on defendant, a German company, to establish personal jurisdiction under the state's long-arm statute. Meanwhile, infringement claims were sufficiently pleaded.
Court: USDC Delaware, Judge: Williams, Filed On: October 23, 2023, Case #: 1:22cv915, NOS: Patent - Property Rights, Categories: international Law, Patent, jurisdiction