Filed December 29, 2006
The ratification of the treaty by the President by and with the advice and consent of the Senate, and without any further action by Congress, is not sufficient to make the provisions of the Convention a basis for federal jurisdiction.” ); Mannington Mills, Inc. v. Congoleum Corp., 595 F.2d 1287, 1298-99 (3d Cir. 1979) (holding there was “ no… private right of action” under Paris Convention and dismissing for lack of jurisdiction). Case 1:06-cv-01230-JDB Document 27 Filed 12/29/2006 Page 22 of 35 15 IMES cites only to a single case to support its novel jurisdiction argument— Empresa Cubana del Tabaco v. Culbro Corp., No. 97 Civ. 8399, 2004 WL 602295 (S.D.N.Y. 2004).
Filed February 27, 2015
The government compulsion doctrine “shields from antitrust liability the acts of parties carried out in obedience to the mandate of a foreign government.” Mannington Mills, Inc. v. Congoleum Corp., 595 F.2d 1287, 1293 (3d Cir. 1979). In support of their contention that the Chinese government compelled their conduct, Defendants argue that Judge Brown’s 2010 decision, Animal Sci. Products, Inc. v. China Nat’l Metals & Minerals Imp. & Exp. Corp., 702 F. Supp. 2d 320 (D.N.J. 2010), is the “law of the case,” notwithstanding that the decision was vacated and remanded on other grounds by the Court of Appeals. (Mov.