Browse by 2019 | 2018 | View Archive |
International Litigation: The U.S. Jurisdiction to Prescribe and the Doctrine of Forum Non Conveniens
Since Judge Learned Hand’s 1945 decision in the "Alcoa" case, it has become well-established law that the Sherman Antitrust Act—legislation that was adopted over 100 years ago—applies to and prohibits conduct in foreign countries if that conduct has an illegal "effect" in the United States. But to what extent does the Sherman Act and other U.S. legislation apply to conduct in foreign countries? Recent U.S. Supreme Court decisions do not clearly define the exact reach and limits of U.S. jurisdiction on the international scene. In the United States, this jurisdiction is now known as the "jurisdiction to prescribe"—in contrast to the jurisdiction that we all know as the jurisdiction to adjudicate.


Employment Claims Based on Association with Another Person
What types of personal relationships will provide legal protection in the workplace? Husband and wife? Parent and child? Friendship? In several recent cases, courts have explored the boundaries of situations in which family or other relationships resulted in consequences that led to litigation.