Can Morrison Be Outflanked?: How Foreign Purchasers Are Suing in U.S. and Foreign Courts
Lord Denning, a highly quotable British judge, once remarked:
“As a moth is drawn to the light, so is a litigant drawn to the United States.”[1]
Some reasons for this strong attraction are obvious: (1) the U.S. (and only a few other nations) authorize opt-out class actions; (2) the U.S. permits (and generously awards) contingent fees; (3) the U.S. has no “loser pays” rule (and most other countries do); and (4) the U.S. uses…