Michael D. Ramsey

              Professor of Law, University of San Diego Law School

International Civil Litigation, Fall 2013 Course Webpage

 

COURSE OVERVIEW

 

Class Meetings:    Monday & Wednesday, 10:30 am - 11:45 am; Room 2A, Warren Hall

 

Office Hours:           1:00 pm to 3:30 pm, Monday and Wednesday, Room 319, Warren Hall

                                  

Textbook:  Gary Born & Peter Rutledge, International Civil Litigation in U.S. Courts (5th edition, Aspen, 2011).

 

Note: All assignments and course discussion will be made with reference to the fifth edition of this text.  The fourth edition is not a suitable substitute.

 

Additional assignments may be made from materials available on-line.

 

  INFORMATION REGARDING COURSE SCHEDULE

 

This space will be used for announcements regarding class cancellations, make-ups, optional events of interest, and other updates regarding the course schedule.

 

This course will not meet on Wednesday, November 27, 2013 (Thanksgiving holiday)

 

The final class meeting is December 4, 2013, and will serve as a review session.

               

CURRENT ASSIGNMENTS

 

This space will be used to post assignments for each class meeting; these assignments will also be announced in class.  After the first assignment, assignments will be keyed to the course Reading Lists.  The Reading Lists for Units 1, 2, 3 and 4 are posted below.

 

Assignment for Wednesday, December 4, 2013

 

Review hypothetical  (available below); also, look at the note on pp. 1145-46 of the text regarding the Chevron/Ecuador case.

 

Assignment for Monday, December 2, 2013

 

Reading List Part II.B & C (focus on cases in Part B).  Also, consider whether, in the TIMCO hypothetical, a judgment against TIMCO in federal court in California could be enforced in China.  Assume (contrary to the actual state of things), that Chinese enforcement law is similar to California enforcement law.

 

This is the final reading assignment of the semester.  There will be a review hypothetical for Wednesday, December 4, 2013

 

NO CLASS WEDNESDAY, NOVEMBER 27, 2013

 

Assignment for Monday, November 25, 2013

 

Reading List Part II.A (includes the Restatement and the Uniform Act)

 

Assignment for Wednesday, November 20, 2013

 

No new assignment; focus on Hypothetical #5.

 

Assignment for Monday, November 18, 2013

 

Reading List, Part I E & F (includes Hypothetical #5, below)

 

Assignment for Wednesday, November 13, 2013

 

New Reading List (Unit 4 - available below), Part I A-D, focus on Dubai Islamic Bank, Air Cargo and Reinsurance cases.

 

NO CLASS MONDAY, NOVEMBER 11, 2013

 

Assignment for Wednesday, November 6, 2013

 

Reading List Part IV C & D.  We will begin with the Kirkpatrick case from the previous assignment.

 

Assignment for Monday, November 4, 2013

 

Reading List Part IV A & B, focus on Sabbatino, Dunhill and Kirkpatrick

Also look at Phillips Petroleum Co. v. Shutts, 474 U.S. 797 (1985), in connection with the prior assignment.

 

Assignment for Wednesday, October 30, 2013

 

Reading List Part II.  Also, re-read the United States v. Davis case from Part I of the Reading List.

 

Assignment for Monday, October 28, 2013

 

No new reading assignment.  Focus on the part of the prior assignment covering choice-of-law clauses, especially the Lehman case.

 

Consider and be prepared to discuss:  what law would a court in the United States likely apply in the TIMCO hypothetical if there is no choice of law clause in the contract?  What if there is a choice of law clause in the contract and it chooses Chinese law?

 

Assignment for Wednesday, October 23, 2013

 

Reading List Part III.B.

We will begin with the Tramontana case from the previous assignment.

 

Assignment for Monday, October 21, 2013

 

Reading  List, Part III.A  (Note: We are skipping Part II for now.)

Optional: The oral argument in Daimler AG v. Bauman is available here (audio) and here (transcript)

 

Assignment for Wednesday, October 16, 2013

 

Unit 3 Reading List, Part I.C, D & E (focus on Hartford and Empagran cases)

 

Assignment for Monday, October 14, 2013

 

New Reading List (Unit 3: Applicable Law in Transnational Cases) [download below], Part I.A & B.

 

Assignment for Wednesday, October 9, 2013

 

No new assignment; review the anti-suit injunction reading and consider how questions of parallel proceedings might affect the plaintiff’s and defendants’ strategies in the TIMCO hypothetical

 

Assignment for Monday, October 7, 2013

 

Reading List, Part III (focus on the Ingersoll, Continental Time, China Shipping and Kaepa cases)

 

Assignment for Wednesday, October 2, 2013

 

Reading List, Part II

 

Assignment for Monday, September 30, 2013

 

Unit 2 Reading List, Part I.D, E, & F

Apply forum non conveniens doctrine to the TIMCO hypothetical

 

Assignment for Wednesday, September 25, 2013

 

New reading list (unit 2 - forum selection) [available below], part I A, B, & C.

 

Assignment for Monday, September 23, 2013

 

Reading List Part III C, D, & E; focus on the Hague Convention.

Analyze how to serve process on the TIMCO entities in our hypothetical (assume none are covered by the FSIA).

The above assignment requires, among other things, that you determine how to serve process abroad under California state law.

 

Assignment for Wednesday, September 18, 2013

 

Reading List Part III A & B, focus on the Rio Properties case and on Federal Rule of Civil Procedure 4(f)

 

Assignment for Monday, September 16, 2013

 

Reading List, Part II.E & F

FSIA Section 1605(a)(3) - (6)

FSIA Section 1605A

 

Assignment  for Wednesday, September 11, 2013

 

Reading List Part II.D

FSIA Section 1605(a)(1) & (2)

 

Note: we will begin with ICL Hypothetical version #3 and the Dole and Samantar cases.

 

Optional:  Here are the principal briefs in Daimler v. Bauman (U.S. Supreme Court, pending):

 

             Petitioner’s brief

             Respondent’s brief

             Brief of the United States supporting Petitioner

 

Assignment for Monday, September 9, 2013

 

Reading List Part II.A, B & C (note: you must find and carefully review the Foreign Sovereign Immunities Act, Section 1603 and 1604 as part of this assignment)

 

ICL Hypothetical version #3 (available below)

 

Assignment for Wednesday, September 4, 2013

 

Reading List Part I.D, E & F

ICL Hypothetical version #2 (available below)

 

NO CLASS Monday, September 2, 2013 (Labor Day)

 

Assignment for Wednesday, August 28, 2013

 

Reading List Part I.C (plus Part I.A & B from the prior assignment)

ICL Hypothetical version #1; consider whether there would be personal jurisdiction over TIMCO in a suit in California

 

Note: If you do not have the book yet, please read:

 

Helicopteros Nacionales de Colombia v. Hall, 446 U.S. 408 (1984)

Adams v. Unione Mediterranea di Sicurta, 364 F.3d 646 (5th Cir. 2004)

Afram Export Co v. Metallurgiki Halyps SA, 772 F.2d 1358 (7th Cir. 1985)

Benton v. Cameco Corp., 375 F.3d 1070 (10th Cir. 2004)

 

Assignment for Monday, August 26, 2013 (first class meeting)

 

Download below.      

 

 

COURSE DOWNLOADS

 

Fall 2013 Syllabus

First Assignment (for 8/26/13)

Unit 1 Reading List (Suing Transnational Defendants)

 

ICL Hypothetical Version #1

 

ICL Hypothetical Version #2

 

ICL Hypothetical Version #3

 

Unit 2 Reading List (Forum Selection in Transnational Cases)

Unit 3 Reading List (Applicable Law in Transnational Cases)

Unit 4 Reading List (Discovery and Enforcement in Transnational Cases)

 

ICL Hypothetical Version #5

 

Review hypothetical (for 12/4)

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