Peter Bert's Blog about Litigation, Arbitration and Mediation in Germany – Art Law, Case Law, News etc.
This is a guest post by Ted Fokman at Letters Blogatory:
Earlier this year, the Council on General Affairs and Policy of the Hague Conference established an Experts’ Group on the Use of Video-Link and other Modern Technologies in the Taking of Evidence Abroad. Read More
Ted Folkman of Letters Blogatory has a “major conceptual change” to the rules on discovery in the United States to report:
European readers, who love to hate U.S. pretrial discovery—this one is for you. Absent action by Congress, on December 1, 2015, an amendment to Federal Rules of Civil Procedure (FRCP) 26 adopted by the Supreme Court will go into effect. The main change concerns the scope of permissible pretrial discovery. Read More
Last week, I had briefly posted that Judge Rakoff had ruled against the heirs of Paul von Mendelssohn-Bartholdy (left) in their suit seeking the restitution of Picasso’s Madame Soler. Today, we have a guest post by Michael Schulz of Frankfurt’s Goethe University who looks at the case in some more detail. Read More
European businesses view being sued in the United States as a major business risk, and they traditionally percieve the U.S. courts to be very liberal in assuming jurisdiction over foreign parties. Recent decisions of the U.S. Supreme Court appeared to be more restrictive. They were widely reported over here, in particular Daimler AG vs. Bauman earlier this year. In today’s guest post, Peter S. Selvin summarizes the recent cases and reports that the lower courts do not always follow the trend.
While the U.S. Supreme Court has recently cut back on the power of US courts to exercise personal jurisdiction over non-US parties in civil litigation, certain federal appellate courts nevertheless continue to issue surprising decisions that buck this trend. Read More