Document Type

Brief

Case Name

Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd.

Publication Date

12-7-2007

Abstract

No. 07-618
Goss International Corp. v. Tokyo Kikai Seisakusho, Ltd.

On Petition for Writ of Certiorari to the United States Court of Appeals for the Eighth Circuit

From the Introduction and Summary of Argument

This case presents issues of jurisdiction, equity, and international comity that require this Court’s resolution. As we understand the facts, in 2003 the petitioner, Goss International, obtained a judgment under the Antidumping Act of 1916, 15 U.S.C. § 72 (2000) (repealed 2004), against the respondents, which are a Japanese corporation and its wholly-owned American subsidiary. The consonance between the Antidumping Act and the obligations of the United States as a member of the World Trade Organization had been the subject of international friction. In 2004, after judgment in this case had been entered but before Congress prospectively repealed the Antidumping Act, the Government of Japan enacted a "clawback" statute known as the Special Measures Law. This law declared judgments rendered under the Antidumping Act to be invalid, and created a claim under which a Japanese corporation that had lost a case under the Antidumping Act could obtain from the plaintiff reimbursement for its damages, costs, or attorneys’ fees. If successful, such an action would effectively deny a plaintiff the benefits of a judgment rendered by an American court.

Comments

Amici are scholars who write and teach in the areas of civil procedure, complex civil litigation, federal jurisdiction, and antitrust. The jurisdiction and authority of a federal court to enforce a judgment in light of a foreign "clawback" statute that seeks to nullify the judgment are important questions in the administration of the American legal system.

See the listing on pages 1-2, including Notre Dame Law School's Jay Tidmarsh.

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