Jurisdiction

Multinational Corporations
- For US, need some connection with US courts

Laker:
- Collusion; price fixing
- What Laker did: sues for breach of antitrust regulations
- What other airlines did: appealed (most of conduct occurred outside of
US)

Mannington
- Active State Doctrine: Judiciary doesnt know enough to question so
will not go there
o Court said active state doctrine does not apply (its not like a
confiscation by the foreign government (not even a BOK), all
they did was issue a patent; so it is not that which would satisfy
rules
OTHER ARGUMENTS USED BY DEFENDANTS:
Is there value in the balancing test (does it serve a useful
purpose), or like Laker, this is nonsense and we should just
promote our interests
Depends on type of case (e.g. international
insolvencies/bankruptcies)
o One case before ch. 15 of bankruptcy law
o Such respect for comity from US and UK side
o Something to be said for international
cooperation
o If the balancing act helps with cooperation,
something to be said for it
o So far, these cases are about US assertion of jurisdiction

Lubbe Case
- Asbestos mining
- Idea of comity underplayed
- If Lubbe had happened in the US, would the US courts have accepted
jurisdiction or no?
o Possibly not if using balancing test

Disclosure Laws (Swiss banks, German banks, bank secrecy laws)

Dyestuffs Case
- Court shied away from use of the effects doctrine
- Advocate General independent of the court charged with
responsibility of analyzing the case in terms of facts (provides an
opinion to the court to help court decide the case)
 o In this case, Advocate General said, even though
o Concept was implementation, not the effects doctrine (took 2 or
3 more cases until court broke down and accepted effects
principle): not in favor of extraterritorial
If you want to be in globalizing world- you have to accept
that if a noncitizen has an effect
No
Issue of forum non, actor state doctrine did not crop up
It all turned on

ALI
- Highly respected
- 402: basis of jurisdiction; ways for court to establish its jurisdiction
- 403: Mannington question; pursuant to a reasonableness, multi-factor
balancing test
- combination of 402 and 403 tells us what were trying