International Comity

153 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• In re Application of Alves Braga
  789 F. Supp. 2d 1294· S.D. Fla.· 2011-05-18 ·cited 128×
  The court granted in part and denied in part the motion to stay discovery, issuing a limited, temporary stay to balance competing interests.
• Kohn v. Am. Metal Climax, Inc.
  458 F.2d 255· 3d Cir.· 1972-03-31 ·cited 110×
  The court held that the Securities Exchange Act of 1934 and Rule 10b-5 were intended to prohibit fraudulent or culpable conduct, not mere negligence or liability without fault.
• Irmgard Lipcon v. Underwriters AT Lloyd's
  148 F.3d 1285· 11th Cir.· 1998-08-05 ·cited 77×
  The Eleventh Circuit held that choice-of-law and forum-selection clauses in an international agreement between U.S. investors and Lloyd's of London are enforceable despite the anti-waiver provisions of U.S. securities laws. The court applied the Bremen test, which presumes validi
• Ogden v. Clement Moore Ogden
  159 Fla. 604· Fla.· 1947-08-01 ·cited 67×
  In this divorce case, the Florida Supreme Court held that an English judgment for restitution of conjugal rights against Clement Moore Ogden could not be given res judicata effect under international comity because the English court failed to properly acquire jurisdiction over Og
• Callejo v. Bancomer, S.A.
  764 F.2d 1101· 5th Cir.· 1985-07-08 ·cited 66×
  The court held that while the bank's actions were commercial and had a direct effect in the U.S. for FSIA purposes, the act of state doctrine barred inquiry into the validity of Mexico's exchange control regulations, thus affirming dismissal.
• Laker Airways Ltd. v. Sabena
  731 F.2d 909· D.C. Cir.· 1984-03-06 ·cited 61×
• Mannington Mills, Inc. v. Congoleum Corp.
  595 F.2d 1287· 3d Cir.· 1979-04-03 ·cited 53×
  The court held that the act of state doctrine does not bar consideration of the plaintiff's antitrust claims regarding foreign patents, but remanded for a balancing of interests before exercising jurisdiction.
• Arthur Andersen & Co. v. Honorable Sherman G. Finesilver
  546 F.2d 338· 10th Cir.· 1976-12-01 ·cited 43×
  Interlocutory discovery orders compelling production of documents, even if potentially violating foreign law, are not immediately appealable under 28 U.S.C. § 1291, and mandamus relief is not warranted when the district court has not usurped its power.
• United States v. Wilfried van Cauwenberghe
  814 F.2d 1329· 9th Cir.· 1987-04-10 ·cited 42×
  The court held that the appellant was properly extradited based on the Swiss Federal Tribunal's decision and that the indictment, trial, and sentencing were not erroneous.
• First Nat'l City Bank OF NEW York v. Internal Revenue Serv. OF United States Treas. Dep't
  271 F.2d 616· 2d Cir.· 1959-11-10 ·cited 42×
  A national bank has sufficient control over records held by its foreign branch to be compelled to produce them in response to a U.S. IRS summons, even if located abroad.
• United States & Robert R. Handley v. Vetco Inc.
  691 F.2d 1281· 9th Cir.· 1981-05-11 ·cited 41×
  The court held that the Swiss-U.S. tax treaty and Swiss law do not preclude enforcement of IRS summonses for records of Swiss subsidiaries, and that possible criminal liability in Switzerland does not bar enforcement or contempt sanctions.
• In re the Complaint of Sedco, Inc. v. Petroleos Mexicanos Mexican Nat'l OIL Co.
  767 F.2d 1140· 5th Cir.· 1985-08-12 ·cited 39×
  The court held that an appeal from an order denying arbitration under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards is appealable, and that the defendant did not waive its right to arbitration.
• In re Grand Jury Proceedings. United States v. Field
  532 F.2d 404· 5th Cir.· 1976-05-13 ·cited 37×
  Requiring an alien present in the U.S. to testify before a grand jury, even if it subjects them to foreign prosecution, does not violate the Fifth Amendment or principles of international comity.
• In re the Grand Jury Subpoena Addressed to First Nat'l City Bank. United States v. First Nat'l City Bank & William T. Loveland
  396 F.2d 897· 2d Cir.· 1968-06-26 ·cited 37×
  A domestic bank cannot refuse to comply with a valid Grand Jury subpoena for documents held by its foreign branch solely on the grounds that compliance would subject it to civil liability under foreign law.
• Aldana v. DEL Monte Fresh Produce N.A., Inc.
  578 F.3d 1283· 11th Cir.· 2009-08-13 ·cited 36×
  Seven Guatemalan labor union leaders sued Del Monte Fresh Produce and related entities in federal court under the Alien Tort Act and Torture Victim Protection Act, alleging they were tortured in retaliation for union activities. The district court dismissed the case on forum non
• Feliciano v. Reliant Tooling Co., Ltd.
  691 F.2d 653· 3d Cir.· 1982-10-26 ·cited 35×
  The court held that a default judgment against a foreign garnishee insurer should be opened when the insurer had a reasonable doubt about personal jurisdiction, possessed a facially meritorious defense, and caused no prejudice to the judgment creditor.
• United Kingdom v. Olumbummi Wood
  238 F.3d 1312· 11th Cir.· 2001-01-19 ·cited 34×
  British criminal defendants sought disclosure of sensitive U.S. law enforcement documents, including grand jury materials, work product, and wiretap information, through a letter rogatory under 28 U.S.C. § 1782. The district court declined to compel disclosure of most materials,
• Four Seasons Hotels & Resorts v. Consorcio Barr S.A.
  377 F.3d 1164· 11th Cir.· 2004-07-20 ·cited 33×
  Four Seasons Hotels sought confirmation of a partial arbitral award against Consorcio Barr, a Venezuelan corporation, regarding disputes over hotel management. The district court confirmed the award, holding that Consorcio's participation in arbitration constituted a waiver of it
• United States v. Najohn
  785 F.2d 1420· 9th Cir.· 1986-04-01 ·cited 31×
  The court held that the Swiss government's consent to prosecute the defendant for offenses beyond those for which he was extradited was sufficient to waive the specialty doctrine, and the district court's denial of the motion to dismiss was affirmed.
• Bulova Watch Co., Inc. v. Steele
  194 F.2d 567· 5th Cir.· 1952-02-21 ·cited 30×
• United States v. Cuevas
  847 F.2d 1417· 9th Cir.· 1988-06-02 ·cited 29×
  The exclusion of expert testimony regarding legitimate currency exchange practices, which was material to the defendant's defense, violated the defendant's constitutional right to present a defense and necessitates a new trial.
• Cleary v. United States Lines, Inc.
  728 F.2d 607· 3d Cir.· 1984-03-05 ·cited 29×
  The Age Discrimination in Employment Act (ADEA) does not apply to American citizens employed outside the United States by American employers.
• In re Westinghouse Elec. Corp. Uranium Contracts Litig. (In the United States Dist. Court for the E. Dist. of Virginia) Ancillary Proceedings. In the Matter of Subpoenas Duces Tecum addressed to Rio Algom Corp. by George R. Albino & Mervyn Lawton
  563 F.2d 992· 10th Cir.· 1977-10-11 ·cited 29×
  The court held that the district court erred in adjudging Rio Algom in contempt and imposing severe sanctions for failing to comply with a discovery order, as the inability to comply due to foreign law, after diligent good-faith efforts, can be an adequate excuse.
• In re Grand Jury Proceedings. United States v. The Bank OF Nova Scotia
  691 F.2d 1384· 11th Cir.· 1982-11-29 ·cited 27×
  The court held that a foreign bank's claim of violating foreign bank secrecy laws does not shield it from a grand jury subpoena, and comity does not preclude enforcement when U.S. interests outweigh foreign ones.
• Grunfeder v. Heckler
  748 F.2d 503· 9th Cir.· 1984-11-26 ·cited 24×
  Reparations payments made by the German Federal Republic to survivors of the Holocaust do not constitute countable 'income' for determining eligibility for Supplemental Security Income (SSI) under the Social Security Act.
• Belize Telecom, Ltd. v. Gov't OF Belize
  528 F.3d 1298· 11th Cir.· 2008-05-28 ·cited 23×
  Belize Telecom and Innovative Communications Company appealed a district court judgment that upheld the Government of Belize's removal of six directors from the BTL board, arguing the Government breached their share pledge and payment agreements and the BTL Articles of Associatio
• The Republic OF THE Philippines v. Ferdinand E. Marcos
  862 F.2d 1355· 9th Cir.· 1988-12-01 ·cited 23×
• Cardenas v. Maria Marta Colomer Caceres de Solis
  570 So. 2d 996· Fla. 3d DCA· 1990-09-11 ·cited 22×
  A Florida appellate court upheld a temporary injunction freezing half of a defendant's Miami bank accounts at the request of a Guatemalan family court in a marital property dispute between Guatemalan citizens. The court held that Florida comity principles permit enforcement of ce
• Timberlane Lumber Co. v. Bank OF Am. Nat'l Tr. & Sav. Ass'n
  749 F.2d 1378· 9th Cir.· 1984-12-27 ·cited 22×
  The Ninth Circuit affirmed the district court's dismissal of both the antitrust action for lack of subject matter jurisdiction under the act of state doctrine and the tort actions on forum non conveniens grounds.
• Lenwood Williams, Jr. v. The Shipping Corp. OF India
  653 F.2d 875· 4th Cir.· 1981-07-07 ·cited 21×
  The Foreign Sovereign Immunities Act of 1976 provides the exclusive basis for jurisdiction over foreign states, and removal under § 1441(d) extinguishes the right to a jury trial, as such suits were unknown to the common law.
• GDG Acquisitions, LLC v. Gov't OF Belize
  749 F.3d 1024· 11th Cir.· 2014-04-22 ·cited 20×
  GDG Acquisitions sued the Government of Belize for breach of a telecommunications equipment lease contract in federal court in Florida. The district court dismissed on two alternative grounds: forum non conveniens and international comity. The Eleventh Circuit vacated both dismis
• Glen v. Club Méditerranée S.A.
  365 F. Supp. 2d 1263· S.D. Fla.· 2005-04-07 ·cited 20×
  The Glens, former Cuban property owners, sued Club Méditerranée S.A. (CMSA) for unjust enrichment, trespass, and violations of the Trading with the Enemy Act (TWEA) based on CMSA's operation of a resort on their allegedly expropriated beachfront property in Varadero, Cuba since 1
• United States v. Darrel Riviere
  924 F.2d 1289· 3d Cir.· 1991-01-31 ·cited 20×
  The court held that a defendant cannot assert rights under an extradition treaty when the asylum nation has expressly waived any objections to prosecution. The court also found that the district court erred in sentencing by not grouping firearms offenses and departing upward on t
• Consol. Gold Fields PLC v. Minorco, S.A.
  871 F.2d 252· 2d Cir.· 1989-03-22 ·cited 20×
  A takeover target must demonstrate antitrust injury to have standing to challenge a takeover under Section 16 of the Clayton Act.
• Trailer Marine Transp. Corp. v. Fed. Mar. Comm'n & United States
  602 F.2d 379· D.C. Cir.· 1979-05-11 ·cited 20×
  The court held that the Interstate Commerce Act confers plenary and exclusive jurisdiction on the ICC to regulate both the rail and water segments of rail-water joint through routes between Puerto Rico and inland points of the United States.
• Remington Rand Corporation-Delaware v. Bus. Sys. Inc.
  830 F.2d 1260· 3d Cir.· 1987-10-05 ·cited 19×
  The court held that the acts of foreign bankruptcy trustees are not acts of state and that international comity does not preclude a domestic court from inquiring into the propriety of a foreign sale of trade secrets, especially when the foreign court did not explicitly approve th
• Clement J. Ings v. Murray Ferguson
  282 F.2d 149· 2d Cir.· 1960-08-10 ·cited 19×
  The court held that U.S. courts should not enforce subpoenas for foreign records when doing so may violate foreign law or circumvent established international procedures like letters rogatory.
• In re Anschuetz & Co., GmbH
  754 F.2d 602· 5th Cir.· 1985-03-07 ·cited 18×
  The Hague Convention does not supplant the Federal Rules of Civil Procedure for foreign nationals subject to United States court jurisdiction, and discovery orders are permissible.
• Poseidon Schiffahrt v. The M/S Netuno
  474 F.2d 203· 5th Cir.· 1973-03-01 ·cited 18×
  The court held that the district court erred by not applying the correct legal standard when declining jurisdiction over an in rem libel action involving foreign vessels.
• Roby v. Corp. OF Lloyd's
  996 F.2d 1353· 2d Cir.· 1993-06-02 ·cited 17×
  The court held that forum selection and choice of law clauses in international agreements are presumptively valid and enforceable, even when they require litigation under foreign law, unless they are unreasonable or contravene strong public policy.
• Application of The Chase Manhattan Bank
  297 F.2d 611· 2d Cir.· 1962-01-11 ·cited 17×
  A grand jury subpoena duces tecum may be modified if compliance would necessitate a violation of foreign law, respecting principles of international comity.
• Daewoo Motor Am., Inc. v. Gen. Motors Corp.
  459 F.3d 1249· 11th Cir.· 2006-08-11 ·cited 16×
  Daewoo Motor America, Inc., a U.S. subsidiary and exclusive distributor of Daewoo vehicles, challenged the dismissal of claims against General Motors and others arising from a Korean bankruptcy reorganization that transferred Daewoo Korea's assets to a new entity (GMDAT), which t
• Garnac Grain Co., Inc. v. Mejia
  962 So. 2d 408· Fla. 4th DCA· 2007-08-15 ·cited 15×
  The appellate court reversed the trial court's dismissal of Garnac's action against the Olivareses, finding that dismissal based on international comity and parallel proceedings was improper when the Venezuelan proceedings had not yet concluded with a final judgment on the merits
• Mahmoud El-Abed Ahmad v. Wigen
  910 F.2d 1063· 2d Cir.· 1990-08-10 ·cited 15×
  The court affirmed the dismissal of the habeas corpus petition, holding that the scope of review in extradition cases is limited and that the district court improperly considered claims regarding potential mistreatment in the requesting country.
• Chiaramonte v. Immigr. & Naturalization Serv.
  626 F.2d 1093· 2d Cir.· 1980-06-23 ·cited 14×
  The court held that the petitioner was properly classified as excludable due to his prior convictions for crimes involving moral turpitude and that the denial of discretionary relief was appropriate.
• Riley v. Kingsley Underwriting Agencies, Ltd.
  969 F.2d 953· 10th Cir.· 1992-07-17 ·cited 13×
  The court held that the forum selection, choice of law, and arbitration provisions in the parties' contracts were valid and enforceable, requiring disputes to be resolved in England.
• Koskotas v. Roche
  931 F.2d 169· 1st Cir.· 1991-04-30 ·cited 13×
  The court affirmed the denial of habeas corpus relief, holding that the alleged financial crimes did not qualify for the political offense exception to extradition and that procedural irregularities did not violate due process.
• China Trade & Dev. Corp. v. M.V. Choong Yong
  837 F.2d 33· 2d Cir.· 1987-12-31 ·cited 13×
  The court held that the district court abused its discretion by issuing an anti-suit injunction against foreign litigation, as the Korean action posed no threat to the district court's jurisdiction or important public policies of the forum.
• Star-Kist Foods, Inc. v. P.J. Rhodes & Co.
  769 F.2d 1393· 9th Cir.· 1985-08-28 ·cited 13×
  The court affirmed the district court's judgment, holding that the Lanham Act's extraterritorial reach did not extend to wholly foreign commerce and that the trademarks were not abandoned.
• Randall v. Arabian Am. OIL Co.
  778 F.2d 1146· 5th Cir.· 1985-12-26 ·cited 12×
  The court held that a foreign country's exclusive jurisdiction provision does not divest a U.S. federal court of subject matter jurisdiction, especially when the provision can be characterized as procedural under the forum's choice of law rules.