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Michael D. Ramsey Professor of Law, University of San Diego Law School |
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International Civil Litigation Spring 2025 Course Webpage |
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COURSE OVERVIEW
Class Meetings: Monday & Wednesday, 10:30 pm to 11:50 pm
Office Hours: Monday & Wednesday, 3:00 pm to 4:00 pm; Tuesday 10:00 am to 1:00 pm.
Textbook: The required text is Childress, Ramsey & Whytock, Transnational Law and Practice (2d ed., Aspen, 2021) Note: earlier editions are not acceptable substitutes.
There is also a free online Supplement (covering 2021-2024) available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4178684. There may be some additional readings from sources available as downloads or on-line.
INFORMATION REGARDING THE COURSE
This space will be used for announcements regarding class cancellations, make-ups, optional events of interest, and other updates regarding the course and the course schedule.
A new Reading List (Unit 3 - Choice of Law) and an updated Hypothetical (v.6) are available below. A new Reading List (Unit 2 - Forum Selection) and an updated Hypothetical (v.4) are available below. The syllabus, readings for the first unit of the course, and assignment for the first class meeting are available below. This class will be recorded. Recordings will be available to enrolled students via Panopto. I do not vouch for the quality or usefulness of these recordings and they are not a substitute for attending class. Only students in this course are authorized to view or listen to the recordings. The recordings are only for personal use in connection with this course. Do not show them to others, post them on the internet or otherwise distribute or provide access to them or any part of them. The recordings will be automatically deleted from Panopto after the final exam and you should not attempt to retain them or any part of them.
COURSE ASSIGNMENTS
This space will be used to post assignments for each class meeting; these assignments will also be announced in class. The Reading Lists for Unit 1 (Suing Transnational Defendants), Unit 2 (Forum Selection) and Unit 3 (Choice of Law) are available below.
Assignment for Monday, February 24, 2025
Reading List Part II.A, pp. 92-114 (Tucci, Ortega and Naghiu) Reading List Part II.B & C
As to Part B, if Chinese law is similar to E.U. law, can we determine what law will govern the claim in China? As to Part C, if we decide that we want Chinese law to govern the claim, how should we proceed? Assignment for Wednesday, February 19, 2025
New Reading List, Part I.D & E (skim, but with attention to Justice Scalia’s dissent in Hartford Fire and to the Empagran case). Reading List Part II.A, pages 78-92 only (Raskin and Edwards)
ICL Hypothetical version #6, Part (2)
Assignment for Monday, February 17, 2025
New Reading List [available below], Part I.A, B & C, focus on Morrison and RJR Nabisco. ICL Hypothetical version #6, Part (1) [available below]
Assignment for Wednesday, February 12, 2025
Reading List Part III.D & E, focus on Adams v. Raintree and related notes
Assignment for Monday, February 10, 2025
Reading List Part III.A, B & C, focus on The Bremen, Petersen, and the cases in notes 2 and 4 on pp. 784-787, plus note on Rostami in the supplement (p. 22)
Also, skim pp. 557-566 (enforcing arbitration agreements)
ICL Hypothetical Version #5, Part (2)
Assignment for Wednesday, February 5, 2025
New Reading List, Part II For lis alibi pendens, focus on Finova and the cases in Note 3 on pp. 762-765 For anti-suit injunctions, focus on China Trade and the Ganpat case in the supplement
ICL Hypothetical Version #5 [available below], Part (1)
Assignment for Monday, February 3, 2025
New Reading List (Unit 2: Forum Selection in Transnational Cases) (available below), Part I.A & B (forum non conveniens), focus on Loya and Piper
ICL hypothetical version #4 (available below)
Assignment for Wednesday, January 29, 2025
Reading List Part III.D, E & F
Assignment for Monday, January 27, 2025
Reading List Part III.A, B & C Outline strategy for serving process on each of the potential TIMCO defendants
Also, look at the website of the Hague Conference on Private International Law and find the section on the Service Convention, especially the “status table”
Assignment for Wednesday, January 22, 2025
Reading List Part II.E-H. Consider:
Are there other FSIA exceptions relevant to our case? What happens if we can demonstrate an exception? What happens if a defendant isn’t covered by the FSIA?
NO CLASS Monday, January 20, 2025 (King holiday)
Assignment for Wednesday, January 15, 2025
Reading List Part II.A-D, focus on Dole, Weltover and the note cases in the Supplement. Read ICL Hypothetical Version #3 [available below]; outline the plaintiff’s possible FSIA concerns, if any.
Assignment for Monday, January 13, 2025
Reading List Part I.D-G Read ICL Hypothetical Version #2 [available below]; outline the defendants’ strategy and risks relating to personal jurisdiction. (Note: this will involve careful review of the prior assignment.)
Assignment for Wednesday, January 8, 2025
Reading List Part I.C, focus on GT Securities. Outline the arguments for establishing personal jurisdiction in California in the potential McKenna v. TIMCO litigation. What additional facts need to be investigated?
Assignment for first class meeting (January 6, 2025):
(1) Read “ICL hypothetical – version #1” [available below] and be prepared to discuss the following:
What legal issues may be posed by the transnational aspects of the dispute described in the hypothetical (that is, litigation issues aside from the merits of the client’s claim)? Try to identify at least three potential barriers to a successful outcome for your client. Consider what additional facts you might want to investigate that implicate these sorts of issues (as distinct from the merits of the case).
(2) Read pp. 383-409 of the casebook [Note: this is Part I.A &B of the Reading List]. For many students this material may seem familiar from Civil Procedure; consider it with particular focus on transnational litigation. Why do these issues matter so much more in transnational litigation than they do in domestic litigation?
COURSE DOWNLOADS
Reading List -- Unit 1 (Suing Transnational Defendants)
ICL Hypothetical Version #2 (for 1/13) ICL Hypothetical Version #3 (for 1/15)
Reading List -- Unit 2 (Forum Selection in Transnational Cases)
ICL Hypothetical Version #4 (for 2/3) ICL Hypothetical Version #5 (for 2/5 & 2/10)
Reading List -- Unit 3 (Choice of Law)
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