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Plaintiff was a licensed solicitor in London and the subject of disciplinary proceedings before the independent regulatory body that governs solicitors and barristers in the UK.  He traveled to California and then claimed he was too ill to return to the UK, so an adjournment of the disciplinary proceedings should be continued.  Defendant, a doctor, was appointed as a neutral… Read More

Plaintiffs sufficiently alleged, for purposes of the Alien Tort Statute, that (1) cocoa purchasers’ conduct in paying personal spending money to Ivory Coast growers—despite knowledge of their use of child slave labor—was not ordinary business conduct and (2)  the payments were made from the United States, even though the slave labor itself occurred overseas. Read More

When a question of foreign law arises, the burden is on the party relying on foreign law to raise the specific legal issues governed by foreign law and to provide the district court with the information needed to determine the meaning of the foreign law; if this burden is not met, the district court may rely on other law, usually… Read More

A trial court erred in denying plaintiff enforcement of its $11 million judgment against defendant obtained in a court in Moscow, Russia, since defendant failed to establish any valid defense under the Uniform Foreign-Country Money Judgment Recognition Act and official court documents adequately proved sufficient service of process on defendant’s registered Moscow address. Read More

When a motion to dismiss raises a question of foreign law, the court may consider declarations or other "evidentiary" material regarding the content of relevant foreign law without converting the motion into a summary judgment motion; here, the Court of Appeal held that a French “astreinte” award was an enforceable foreign damage judgment, not an unenforceable penalty.  Read More