When a mixed contract opts out of the CISG, does that mean a court should infer that it is for the sale of goods? @Tarheel_Lawprof explains why the answer is no: tlblog.org/drawing-infere… #CISG

After holding the FSIA does not apply to criminal proceedings, SCOTUS remanded to CA2 to consider common law immunity. Today, Ingrid Brunk & Bill Dodge filed a brief arguing against deference to the executive branch: tlblog.org/wp-content/upl…

SCOTUS will address the important issue of enforceability of choice of law clauses in the Great Lakes case. John Coyle (@Tarheel_Lawprof) discusses the very different perspective presented in Respondent's brief: tlblog.org/thoughts-on-th…

China has adopted a new law on foreign state immunity: chinalawtranslate.com/en/foreign-imm… For prior TLB coverage see tlblog.org/chinas-draft-l… and tlblog.org/chinas-draft-l…

Last Term's decision in Abitron v. Hetronic rewrote the presumption against extraterritoriality yet again. As Bill Dodge explains, this is not a good thing: tlblog.org/the-new-old-pr…

On Friday, the Second Circuit found there was no personal jurisdiction over the PLO in two Antiterrorism Act cases, holding that there are limits to what Congress can define as consent. Maggie Gardner has the analysis: tlblog.org/second-circuit…

Continuing our coverage of the CA2's decision in Fuld striking down the PSJVTA, Zach Clopton explains how Fuld is consistent with SCOTUS personal jurisdiction cases but misleading in its emphasis on margins: tlblog.org/fuld-right-for…

A new, landmark law on foreign state immunity in China. Donald Clarke Mark Jia

If a court in New York recognizes a judgment rendered by a foreign court, is that act of recognition entitled to full faith and credit in the other 49 states? Bill Dodge has some thoughts. tlblog.org/foreign-countr…

Interesting district court case that reads like a law school exam. Bill Dodge has the details: tlblog.org/federal-court-…

Is it possible to challenge OFAC sanctions in US court? Andrew Coyner analyzes a recent case showing just how hard this can be: tlblog.org/court-rejects-… #OFAC #sanctions

In the second of two posts, Bill Dodge discusses three cases of the U.S. applying its law extraterritorially that violate international law. tlblog.org/how-to-critici…

2. FTAs: 🤔 Why are FTAs in the US courts, you ask? Well, one is, tx to a comity arg raised by Missouri companies when they were sued by Peruvian plaintiffs. They claim the US-Peru FTA means the case should be dismissed. Oral arg. is tmrw. Read 👉 ielp.worldtradelaw.net/2024/01/the-us… /2

The CISG covers billions of dollars of goods contracts. So are US courts finally becoming aware of it? John Coyle (@Tarheel_Lawprof) discusses an empirical study showing the the number of cases is actually declining: tlblog.org/new-empirical-…

Great analysis of an important case involving international comity.

Ninth Circuit rules in Cassirer that Spanish museum can keep a painting stolen by the Nazi's. Bill Dodge has the details: tlblog.org/ninth-circuit-…

Fascinating decision on SOLs, borrowing statute, and Ecuadoran law in the long running banana pesticide litigation. Zach Clopton has the details: tlblog.org/latest-develop…

The Eighth Circuit reinstated part of Missouri's Covid suit against China. What happens next? Bill Dodge has some thoughts: tlblog.org/further-though… #Missouri #China

How will/should Zoom and other videoconferencing tech affect forum non conveniens analysis? Maggie Gardner points to an interesting analysis in a recent student note: tlblog.org/zooming-out-of…

Does the US Clean Air Act apply in Canada? Bill Dodge looks at a recent decision: tlblog.org/district-court… Austen Parrish