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jberryhill

(62,444 posts)
11. ...or collateral challenges to foreign judgments
Mon May 28, 2012, 01:41 PM
May 2012

....which involve applying 14th amendment "due process" considerations to foreign legal determinations of jurisdiction.

This is much more common:

You are sued in a foreign court. You don't show up. The foreign plaintiff invokes the Hague Convention to obtain enforcement in a US court. You show up in the US court in order to challenge the jurisdiction of the foreign court in the first place.

What the US court then does is analyze the foreign court's jurisdiction *as if* it were applying the rules of extraterritorial jurisdiction that a US court would apply in the same circumstances. If the US court then determines that the foreign court's jurisdictional decision would have satisfied the due process considerations of a US court in the same circumstances, then a US court will enforce the foreign court judgment.

Honestly, the people that push this stuff are simpletons.

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