COMMENT: WAIVING GOODBYE TO PERSONAL JURISDICTION DEFENSES: WHY UNITED STATES COURTS SHOULD MAINTAIN A REBUTTABLE PRESUMPTION OF PRECLUSION AND WAIVER WITHIN THE CONTEXT OF INTERNATIONAL LITIGATION Skip over navigation
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Copyright (c) 2008 The Catholic University Law Review
Catholic University Law Review

COMMENT: WAIVING GOODBYE TO PERSONAL JURISDICTION DEFENSES: WHY UNITED STATES COURTS SHOULD MAINTAIN A REBUTTABLE PRESUMPTION OF PRECLUSION AND WAIVER WITHIN THE CONTEXT OF INTERNATIONAL LITIGATION

Fall, 2008

Catholic University Law Review

58 Cath. U.L. Rev. 233

Author

Christina M. Manfredi +

Excerpt

A British citizen wins a judgment in Great Britain against a U.S. citizen. The British citizen then seeks to collect on the judgment. To do so, he must bring a claim in the United States for recognition and enforcement of his judgment n1--but this is more complicated than it appears. 2

The foreign plaintiff must make a strategic decision regarding the state in which to bring his claim. New York, for example, will seek to give his judgment full recognition and enforcement. 3 Another state, however, might decide that before recognizing and enforcing the plaintiff's judgment, it will first inquire into the procedures that the foreign court used in rendering its decision. 4 The state court may even allow the defendant to rechallenge the foreign court's initial jurisdiction over him rather than preclude the defendant from disputing the conclusive foreign judgment. 5 Therefore, depending on the state in which the foreign citizen brings his claim for recognition and enforcement, he may not be entitled to his award despite the fact that he has won in a court of competent jurisdiction. 6 This is the predicament of preclusion in foreign litigation.

Guiding the recognition and enforcement of foreign judgments is the principle of federalism requiring that any area not specifically preempted by congressional legislation is left to the states' control. 7 Because foreign judgments are not governed by congressional legislation, they have been recognized and enforced by the states through the principle of international comity, which involves the mutual ...
 
 
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