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Vanderbilt Journal of Transnational Law

Article Title

Case Digest

First Page

1085

Abstract

MEDICAL MALPRACTICE ABROAD BY UNITED STATES PHYSICIAN IN CONNECTION WITH DEPARTMENT OF STATE REGULATIONS GOVERNING TORT CLAIMS PROVIDED FOR AN INVESTIGATIVE PROCEDURE FOLLOWED BY AGENCY DECISION--AGENCY FOR INTERNATIONAL DEVELOPMENT HOLDS NO CONSTITUTIONAL OBLIGATIONS TO EVALUATE MEDICAL MALPRACTICE CLAIM ON THE MERITS AND IN ACCORD WITH MINIMAL DUE PROCESS. Tarpeh-Doe v. United States, 904 F.2d719 (D.C. Cir. 1990).

THE FOREIGN CORRUPT PRACTICES ACT DOES NOT CREATE AN IMPLIED PRIVATE RIGHT OF ACTION THAT KENTUCKY TOBACCO GROWERS COULD USE TO RECOVER DAMAGES FROM COMPANIES THAT ALLEGEDLY ENGAGED IN CORRUPT PRACTICES TO THE DETRIMENT OF GROWERS. THE ACT OF STATE DOCTRINE, HOWEVER, DOES NOT NECESSARILY SERVE AS A BAR TO ACTIONS INVOLVING ANTITRUST VIOLATIONS BY FOREIGN GOVERNMENTS. Lamb v. Phillip Morris, Inc., 915 F.2d 1024 (6th Cir. 1990).

UNITED STATES DISTRICT COURT LACKED SUBJECT MATTER JURISDICTION UNDER THE UNITED NATIONS CONVENTION ON RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS TO VACATE AN ARBITRATION AWARD ENTERED IN MEXICO DESPITE APPLICATION OF DOMESTIC LAW TO SETTLE UNDERLYING DISPUTE--LANGUAGE OF ARTICLE V(1)(e) OF THE CONVENTION STATING THAT AN AWARD MAY BE VACATED ONLY BY THE COURTS OF THE COUNTRY UNDER WHOSE LAW THE AWARD WAS MADE, REFERS ONLY TO THE PROCEDURAL LAW APPLIED BY THE ARBITRATORS, NOT THE SUBSTANTIVE LAW APPLIED TO THE DISPUTE--International Standard Elec. Corp. v. Bridas Sociedad Anonima Petrolera, Industrial y Commercial, 745 F. Supp. 172(S.D.N.Y. 1990).

PASSPORT IS "CONCLUSIVE EVIDENCE" OF CITIZENSHIP AND MAY NOT BE REVOKED BY SECRETARY OF STATE UNLESS PASSPORT HOLDER IS GIVEN A HEARING PRIOR TO REVOCATION--REVOCATION MAY BE HAD ONLY ON THE BASIS OF FRAUD, MISREPRESENTATION, AND OTHER EXCEPTIONAL GROUNDS--Magnuson v. Baker, 911 F.2d 330 (9th Cir. 1990).

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