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This casebook addresses the global dimension of civil procedure,
and the conflicts that American law gives rise to in cross-border
litigation scenarios. One of the chief purposes of the book is to
sensitize U.S. students to the different perceptions of procedural
fairness as they prevail outside the U.S. The authors provide a
unique comparative perspective on international litigation. This
very teachable set of materials is designed to be accessible to
Civil Procedure teachers who wish to teach the course, and it is
also suitable for current teachers of transnational litigation.
Topics include personal jurisdiction; cross-border service of
process; subject matter jurisdiction; taking of evidence abroad;
problems of choice of forum, choice of law and parallel
proceedings; recognition and enforcement of foreign judgments;
international arbitration; and foreign sovereign immunities. The
new edition takes up recent developments, such as decisions
restricting personal jurisdiction based on a defendant's
corporation's contacts with the forum state that are unrelated to
the claims asserted by the plaintiff; decisions restricting the
extra-territorial application of federal statutes; and the "recast"
of the Brussels Regulation on Jurisdiction and the Recognition and
Enforcement of Judgments in Civil and Commercial Matters in the
European Union.
The Sixth Edition integrates all significant developments that have
occurred since the last revision of this casebook in 2017. These
changes include new principal cases that reflect changes in the law
with particular emphasis on personal jurisdiction, and a number of
amended problems and notes to reflect all changes in such other
areas, such as the definition of citizenship for diversity
purposes, transfer of venue, pleading, and class actions. The Sixth
edition also includes a full discussion and analysis of all
intervening Supreme Court and important lower court opinions, and
changes in the Federal Rules of Civil Procedure, all up through May
20, 2023. Any subsequent major decisions will be made available in
an online Supplement.
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