A Proposed Approach For High Court In Vitamin C Case
By Michael Kimberly and Matthew Waring ( May 18, 2018, 11:48 AM EDT) -- On April 24, 2018, the penultimate day of oral argument for this term, the U.S. Supreme Court heard oral argument in Animal Science Products Inc. v. Hebei Welcome Pharmaceutical Co. Ltd., an antitrust case that presents the question of how much deference (if any) to give to an interpretation of foreign law offered by a foreign sovereign appearing in an American court. The court's opinion in the case, which is expected by the end of June, may be overshadowed by the many other headline-grabbing cases on the court's docket, but it will have significant implications, not only for antitrust cases but for lawsuits in numerous other areas of law as well. By all that appears, it is safe to expect a narrow ruling instructing lower courts not to give conclusive deference to foreign sovereigns' legal submissions, but a more sensible approach would be to instruct U.S. courts to assess whether these submissions are entitled to any deference in their country of origin and, if so, to give them that deference....
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