Notes

Sisyphus Meets Icarus: The Jurisdictional and Comity Limits of Post-Satisfaction Anti-Foreign-Suit Injunctions

December 1, 2011

This Note addresses an emerging conflict concerning federal subject matter jurisdiction and international comity: can and should federal courts issue post-satisfaction anti-foreign-suit injunctions? The Eighth Circuit has held that a federal court no longer possesses subject matter jurisdiction to grant anti-suit injunctions after a party has satisfied judgment. The Eighth Circuit also held that a post-satisfaction anti-foreign-suit injunction would be inconsistent with international comity. In contrast, the Second Circuit has held that a federal court possesses continuing subject matter jurisdiction to grant anti-foreign-suit injunctions after the satisfaction of judgment and that such an injunction does not violate international comity.

This Note argues that, as a general matter, federal courts no longer possess subject matter jurisdiction to grant anti-suit injunctions after the satisfaction of judgment. It also contends that post-satisfaction anti-foreign-suit injunctions are ordinarily inconsistent with international comity and concludes that the President and Congress, not the courts, are better equipped to resolve legal disputes implicating United States foreign relations.

December 2011

No. 3