· 9/13/2018
Gaskins v. Rodrigues
Citations
- 111 N.E.3d 283
- 480 Mass. 1108
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- teaching that this Court’s determination would be best reached upon considering whether an analogous determination rendered by a foreign court against a United States defendant would be acceptable in the United States
- refusing to apply act of state doctrine to foreign Government’s grant of patent rights because judicial review posed no threat to diplomatic relations
- grant of patents not the type of sovereign activity that would be of substantial concern to the executive branch in its conduct of international affairs
- “One asserting the defense must establish that the foreign decree was basic and fundamental to the alleged antitrust behavior and more than merely peripheral to the overall illegal course of conduct”
- “The legislation and policy of each nation is not likely to be the same”
- “When 6 foreign nations are involved, however, it is unwise to ignore the fact that foreign 7 policy, reciprocity, comity, and limitations of judicial power are considerations 8 that should have a bearing on the decision to exercise or decline jurisdiction.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.