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Case Citations July 2015 through February 2016 [1] (2015-2016)

handle is hein.ali/resfrlus0039 and id is 1 raw text is: THE FOREIGN RELATIONS LAW OF THE UNITED STATES 2D PART I. JURISDICTION CHAPTER 3. RESOLUTION AND AVOIDANCE OF CONFLICTS OF JURISDICTION TOPIC 1. CONFLICTS ARISING FROM EXISTENCE OF CONCURRENT JURISDICTION TO PRESCRIBE AND ENFORCE TITLE B. EXERCISE OF JURISDICTION INVOLVING INCONSISTENT REQUIREMENTS OF CONDUCT § 40. Limitations on Exercise of Enforcement Jurisdiction S.D.N.Y.2014. Quot. in case quot. in ftn. (general cite). Creditor brought an action against debtors, seeking to enforce a judgment based on debtors' fraudulent diversion of loans that were made by creditor to a Turkish telecommunications company, which was owned in part by debtors. The trial court denied in part creditor's motion to compel debtors' banks to produce financial information regarding debtors' assets that the banks held. This court reversed, ordering the banks to comply with creditor's subpoenas issued on the banks' New York offices for information on their offices located in France, Jordan, and the United Arab Emirates, and quashing the subpoenas to the extent that they sought documents located in Switzerland. In reaching its decision, the court relied on the factors set forth in Restatement Third of Foreign Relations Law § 442 that were used in considering international comity and noted that this court had previously relied upon Restatement Second of Foreign Relations Law § 40's similar factors. Motorola Credit Corp. v. Uzan, 73 F.Supp.3d 397, 401. TITLE C. ACTS OF FOREIGN STATES: LAW OF UNITED STATES § 43. Act of Foreign State Affecting Interests Outside its Territory S.D.N.Y.2014. Subsec. (1) quot. in sup. and cit. in ftn. Purported assignee of a trademark issued by a Russian government decree brought a trademark-infringement action under the Lanham Act against, among others, competitor, alleging that defendant unlawfully imported and sold vodka bearing the trademark in the United States. This court granted defendant's motion to dismiss for lack of subject- matter jurisdiction, holding that the Russian Civil Code, which prevailed over the decree, limited plaintiff's rights of ownership. Citing Restatement Second of Foreign Relations Law § 43, the court, however, noted that the act-of-state doctrine did not prevent the court from examining the decree of a foreign state that declared U.S. trademark rights to be its own property, because the trademark rights uA wiem For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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