Marijuana Retail Report has printed the article….The Rise of Cannabis Litigation Against Foreign Entities – Where Will You Litigate?

Penned by Harris Bricken Lawyer Jihee Ahn

Ahn writes…

As the business evolves, so does it’s authorized litigation points

As the hashish business continues to evolve, our agency has seen an increase in inquiries referring to litigation between domestic parties and international parties. By the easy reality {that a} dispute entails a overseas occasion, a bunch of particular concerns come into play – one of which is, the place will this be litigated? Often, in an try and have the house court docket benefit, we’re confronted with the scenario that each side have initiated lawsuits of their respective courts. Unfortunately, the place the events finally find yourself litigating will not be a easy matter of who received to their courthouse first. In this text, we’ll present an introduction to 2 rules that will come into play: worldwide abstention and discussion board non conveniens.

International abstention

Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976), gives {that a} United States court docket could abstain from exercising its jurisdiction over a case primarily based on “considerations of wise judicial administration, giving regard to conservation of judicial resources and comprehensive disposition of litigation.” A reasonably nebulous normal, proper? Luckily, the Colorado River Court additionally gives a listing of components {that a} court docket ought to think about in deciding whether or not to shut its door on a selected case:

  • Whether both court docket has assumed jurisdiction over a res (property);
  • The relative comfort of the boards (i.e., the place do the anticipated witnesses reside and/or are they past the Court’s subpoena energy?);
  • The desirability of avoiding piecemeal litigation;
  • The order by which the boards obtained jurisdiction (i.e., has “more litigation” occurred in both motion?);
  • What legislation controls;
  • Where the ultimate reduction must be enforced; and
  • Whether the overseas continuing is enough to guard the events’ rights.

Abstaining from the train of jurisdiction is the exception, not the rule. So, until the above components weigh far more closely in favor of litigating in a overseas court docket, a federal court docket within the United States ought to agree to permit the case.

The Rise of Cannabis Litigation Against Foreign Entities – Where Will You Litigate?

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