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International Law - Case Summaries
  • March 2008: International Legal Updates
    Summaries of recent case law in the international arena
    American Isuzu Motors, et al. v. Ntsebeza, et al. (2008 WL 117862) (affirmed Khulumani because Court lacks a quorum, 28 U.S.C. §1, and since a majority of the qualified Justices are of the opinion that the case cannot be heard and determined at the next Term of the Court [Chief Justice, Justice Kennedy, Justice Breyer, and Justice Alito took no part in the consideration or decision of this petition])
  • Khulumani, et al. v Barclay Natl Bank, Ltd., et al. (2nd Cir. 2007) 504 F.3d 254 (held corporations can be sued in U.S. federal courts for their alleged role in aiding and abetting violations of international law by a foreign government, even in face of express opposition to lawsuit from U.S. and South African governments, under Alien Tort Claims Act)
  • Medellin v. Texas (2008) No. 06-984 (habeas petition of Mexican national seeking reconsideration of his conviction and sentence for government failure to inform him of his Vienna Convention rights was dismissed because International Court of Justice decision (Case Concerning Avena and Other Mexican Nationals (Mexico v. U. S.), 2004 I. C. J. 12) and Presidential memorandum re Avena were not "directly enforceable federal law")
  • Java Oil Limited v. Sullivan (2008) _Cal. App. 4th_ (08 S.O.S. 6525)
    Attorney's fee awards, entered against the defendant by a court in Gibraltar in a civil action payable to thr plaintiffs as compensation for expenses incurred in litigation, did not constitute a penalty under Uniform Foreign Money-Judgments Recognition Act but a cognizable foreign judgment. Award of attorney's fees incurred in defending a lawsuit that resulted from the defendant's bad faith conduct and based on false evidence was not repugnant to California public policy. Fact that differing laws existed between England and America regarding attorney's fees did not demonstrate that application of British law to the defendant's case was repugnant to California public policy.
  • Uniform Law Commission Promulgates New Act for Obtaining Foreign Testimony.
    Corporations can be sued in U.S. federal courts for their alleged role in aiding and abetting violations of international law by a foreign government, even in face of express opposition to lawsuit from U.S. and South African governments under Alien Tort Claims Act (full text of the Uniform Unsworn Foreign Declarations Act).
    More information about obtaining a statement from a witness outside the United States and international discovery is available at www.proskauerguide.com.
  • Rice Corp. v. Grain Bd. of Iraq F. Supp. 2d, 2008 WL 4456473, E.D. Cal.
    E-mail was not valid means of effecting service of process upon Iraqi instrumentality under Foreign Sovereign Immunities Act; neither was e-mail a permitted means of service of process under Iraqi laws, so an exporter's attempted service upon an Iraqi instrumentality by such means was not valid service under the Foreign Sovereign Immunities Act.
  • Manco Contracting Co. (W.W.L.) v. Bezdikian ((2008) SOS 6175).
    As previously reported in the May 2008 section e-newsletter, under the former Uniform Foreign Money-Judgments Recognition Act, law of nation where judgment was rendered determined whether it was final for purposes of recognition. Foreign judgment could be recognized in California, despite a pending appeal, if foreign nation in which it was rendered treated such judgments as final pending appeal. As recognized foreign judgments were enforceable in same manner as sister-state judgments, and actions to enforce sister-state judgments were subject to 10-year statute of limitations, so too were foreign judgments.
  • Nygard, Inc., et al. v. Uusi-Kerttula et al. (2008) 159 Cal. App. 4th 1027.
    After terminating his employment with plaintiffs Nygård, Inc. and Nygård International Partnership, defendant Timo Uusi-Kerttula gave an interview about his work experiences to a Finnish magazine. The plaintiffs sued Timo, the magazine, and its publisher for a variety of tort and contract claims, including breach of employment contract and defamation. The trial court struck the entire complaint pursuant to the anti-SLAPP statute, Code of Civil Procedure Section 425.16. The court of appeal affirmed that the anti-SLAPP motion was properly granted.
  • BOOKS
    • Paper Citizens: How Illegal Immigrants Acquire Citizenship in Developing Countries
      (New York: Oxford University Press, 2009) – by Kamal Sadiq, Ph.D, Assistant Professor of Political Science at University of California, Irvine.
      Paper Citizens reveals that most of the world's illegal immigrants are not migrating directly to the United States but to countries in the vast developing world. And when they arrive in countries like India and Malaysia, which are often governed by weak and erratic bureaucracies, they are able to obtain citizenship papers fairly easily.
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