U.S. Supreme Court
Lower Court Opinion
1. Whether, despite this Court’s “well established” interpretation of the Sherman Act, U.S. courts may reinterpret the same text of that Act case by case using a discretionary ten-factor balancing test under the doctrine of prescriptive comity.
2. Whether a court interpreting the meaning of foreign law under Federal Rule of Civil Procedure 44.1 is limited to the “face” of written legal materials, as the decision below held, or may also consider evidence as to how foreign law is implemented and enforced that would be relevant to the interpretive inquiry in the foreign legal system.
Cert. petition denied
October 03, 2022
U.S. Chamber urges U.S. Supreme Court to review the proper level of deference to a foreign government’s interpretation of its own law
April 22, 2022
Click here to view the Chamber’s amicus brief. Michael F. Murray and Robert M. Overing of Paul Hastings LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.