November 2018: U.S. Supreme Court Holds That Courts Should Carefully Consider, but Not Uncritically Defer to, Foreign Governments’ Statements on Issues of Foreign Law -
On June 14, 2018, the Supreme Court issued a unanimous opinion in Animal Science Products, Inc. v. Hebei Welcome Pharmaceutical Co., Ltd., rejecting the notion that U.S. courts should uncritically accept a foreign government’s assertion about what is required under its laws. 585 U.S. ___, 138 S. Ct. 1865 (2018). The decision will likely have a substantial impact in lawsuits implicating the treatment of a foreign government’s characterization of its own laws under Federal Rule of Civil Procedure 44.1.
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