By Robert E. Lutz
This ebook assists the practitioner looking to implement a overseas judgment within the usa or a U.S. rendered judgment in another country in navigating the inability of procedural uniformity that exists and in making plans ideas more likely to be certain potent enforcement. As a guide, it offers the practitioner with a framework and assets with which to technique and extra examine the legislation of the proper nation or state. partially One, the consultant takes the practitioner chronologically throughout the technique of acquiring a U.S. court's acceptance and enforcement of judgments rendered in a foreign country. half takes the practitioner throughout the means of acquiring an in another country jurisdiction's acceptance and enforcement of judgments rendered within the usa. half 3 assesses the present tendencies within the U.S. and within the overseas exchange surroundings relating to enforcement of judgments that could be made by way of overseas courts.
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Additional resources for A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad
See John Fitzpatrick, The Lugano Convention and Western European Integration: A Comparative Analysis of Jurisdiction and Judgments in Europe and the United States, 8 Conn. J. Int’l L. 695 (1993). See this article for a discussion of exorbitant jurisdiction (“assertions of jurisdiction that are not generally recognized by accepted principles of international law”); id. at 703; and a comparison between United States and European Community approaches, Id. at 723–7. 71 Id. at 687. Falcon Mfg. Ltd. v.
Hilton, supra Part One, I, note 8. Hilton was a pre-Erie case; subsequent federal court decisions have held that the law of the state in which the federal court sits controls. Somportex, supra note 64. You should be familiar with case law precedents interpreting the law of recognition and enforcement of foreign judgments in the jurisdiction where you are seeking recognition. The reasons set forth in Hilton for denying recognition, which are the basis for similar provisions in the Recognition Act, are: unfairness in the underlying proceedings; the foreign court’s lack of personal or subject matter jurisdiction; fraud in the proceedings; or violation of public policy.
Kuppinger, 31 Cal. 3d 590, 107 Cal. Rptr. 540 (1973); Cal. Fam. Code § 4337 (West 1994). 0:48 P1: JZP 0521858747pt-1˙sec-3a CUNY418B/Lutz Printer: cupusbw III. ”93 c. 96 6. Parallel Proceedings a. S. S. courts will generally allow foreign default judgments to have res judicata effect, but a res judicata defense to recognition could trigger issues of the foreign court’s personal jurisdiction over the defendant, as was the case at the sister-state level in Covington Indus. v. 99 The court has discretion, based on the facts, to recognize the later inconsistent judgment, the earlier inconsistent judgment, or neither.
A Lawyer's Handbook for Enforcing Foreign Judgments in the United States and Abroad by Robert E. Lutz