United States Eighth Circuit

For purposes of determining the propriety of issuing a foreign antisuit injunction, the Eighth Circuit adopts the "conservative approach," under which a foreign antisuit injunction will issue only if the movant demonstrates: 1) an action in a foreign jurisdiction would prevent U.S. jurisdiction or threaten a vital U.S. policy; and 2) the domestic interests outweigh concerns of international comity.

Appellate Information

• Decided 06/18/2007
• Published 06/18/2007

Judges

• RILEY, Circuit Judge., Before RILEY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the appellant was Carter G. Phillips of Washington, D.C.  Lawrence R. Walders and Neil R. Ellis of Washington, D.C. appeared on the brief.  Peter J. Toren of New York, NY appeared on the brief.  Hoken S. Seki of Lake Forest, IL appeared on the brief.  Lorane F. Hebert of Washington, D.C. argued for Amicus the government of Japan.  Raymond S. Calamaro and Jonathan T. Stole of D.C. appeared on the brief.


• For Appellees:
  
• Counsel who presented argument on behalf of the appellee was William G. Schopf of Chicago, IL.  Bradley P. Nelson, Ian H. Fisher and Jose A. Lopez of Chicago appeared on the brief.  Patrick M. Roby of Cedar Rapids, IA appeared on the brief.