Peter B Bo Rutledge
April 08, 2022 | Daily Report Online
This Panama Canal Case Might End Up at the U.S. Supreme CourtThe lawsuit is a subtle choice-of-law question that implicates important issues of international forum shopping, including powerful reasons to site an international arbitration in Georgia, and could eventually invite U.S. Supreme Court resolution.
By Peter B. "Bo" Rutledge, Jacob D. Swanstrom and Cara B. Musciano
5 minute read
January 12, 2022 | Daily Report Online
Supreme Court's Ruling on Alleged Nazi-Looted Painting Could Be Far-ReachingThe court will consider whether a federal court hearing state-law claims under the Foreign Sovereign Immunities Act (FSIA) should apply the federal common law or forum state conflicts principles.
By Peter B. "Bo" Rutledge and Emily Crowell
5 minute read
November 05, 2020 | Daily Report Online
Could the Gig Economy Send Another FAA Disagreement to the Supreme Court?Issues are on a collision course with the Supreme Court's jurisprudence involving choice-of-law clauses and class waivers.
By Peter B. "Bo" Rutledge and Jacob Bohn
6 minute read
September 01, 2020 | Daily Report Online
Circuit Split Deepened by Second Circuit's 'Functional' Test Application in Recent Section 1782 RulingIdentically-situated parties seeking discovery in support of arbitration before the same private tribunal will receive different receptions in the Second and Fifth Circuits than in the Sixth and Fourth Circuits. Litigants before the Eleventh Circuit and elsewhere will be writing on a blank jurisprudential slate.
By Peter B. "Bo" Rutledge and Emina Sadic Herzberger.
6 minute read
January 15, 2019 | Daily Report Online
Mystery Subpoena Case at Supreme Court Could Expand US AuthorityThe D. C. Circuit's underlying decision expands the possibility that a federal criminal subpoena could override a claim of sovereign immunity when also coupled with an invocation of a foreign blocking statute.
By Peter B. “Bo” Rutledge and Amanda W. Newton
7 minute read
November 01, 2018 | Daily Report Online
$314M and Sovereign Immunity Are At Stake in Upcoming High Court CaseEven if the U.S. were amenable to accepting service at its foreign embassies, adherence to the Second Circuit's statutory interpretation could upend customary international law and the executive branch's reading of sovereign immunity.
By Peter B. "Bo" Rutledge and Amanda W. Newton
5 minute read
September 17, 2018 | Daily Report Online
Alien Tort Cases Will Survive Supreme Court Trim, Write CommentatorsDespite Jesner's holding, several potentially viable avenues for ATS litigation remain.
By Peter B. "Bo" Rutledge and Michael Baker
8 minute read
February 22, 2018 | Daily Report Online
To Understand US v. Microsoft, Consider 'Acme v. Shamrock'The upcoming Supreme Court case could recalibrate the balance between discovery and comity that informs discovery disputes in a variety of international civil litigation.
By Peter B. "Bo" Rutledge and Amanda W. Newton
6 minute read
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