A New Test For Enforcing Foreign Restraining Orders
Law360, New York ( August 1, 2013, 1:20 PM EDT) -- The U.S. Court of Appeals for the District of Columbia Circuit recently became the first appellate court to consider the scope and operation of a statute authorizing federal courts to restrain assets in the United States based on foreign governments' requests.[1] The court of appeals found that the law (28 U.S.C. § 2467(d)(3)) expanded the district courts' authority to restrain assets based on preliminary or provisional foreign orders. But the court also explained that the law required district courts first to examine the due process protections available to litigants in foreign proceedings. The court's emphasis on due process carves out a significant role for the federal courts in assessing foreign restraining order requests....
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